The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-12-07

tsgrating parts, The circuit cour,
and the attorney general were great
ly aided In framing the decree in the
tobacco trust dissolution by an sx.
pert from the bureau Of corporations.
Federal Cooperation commlssIon Pro
posed.
l do not set forth In detail the terms
and sections Of a statute which might
supply the constructive legislation per
hitting and aiding the formation OF
combinations Of capital into federal
corporations. They should be subject
TO rigid rules as to their organization
and procedure, including effective pub,
licity, and to the closest supervision as
to the issue Of stock and bonds by an
executive bureau or commission in the
department Of commerce and labor, TO
which in times Of doubt they might
well submit their proposed plans for
future business. II must be distinctly
understood that incorporation under a
federal law could not exempt the COM
pany thus formed and its incorpOrators
and managers from prosecution under
the antitrust law for subsequent lille
gal conduct, but the publicity Of its
procedure and the opportunity for fire.
quent consultation with the bureau or
commission in charge of the incorpora-
ton as to the legitimate purpose of its
transactions would offer II as great Sc
curity against successful prosecutions
for violations of the law as would be
practical or wise.
Such a bureau or commission might
well be invested also with the duty al
ready referred TO, Of aiding courts in
| the dissolution and recreation of trusts
within the law. 1t should be an execu-
tive tribunal OF the dignity and power
| OF the comptroller OF the currency or
the interstate commerce commission,
which now exercise supervisory power
| over important classes of corporations
under federal regulation.
The drafting of such federal incor-
poration law would offer ample oppor-
tunity to prevent many manifest evils
| in corporate Management today, in
Guiding responsibility of control in
the hands of the few who are not the
real owners.
Incorporation Voluntary.
recommend that the federal char
| tiers thus to be granted shall be volun-
tary, at least until experience justiiies
mandatory provisions. The benefit to
be derived from the operation Of great
businesses under the protection OF
such charter would attract all who
are anxious to keep within the lines
OF the law. Other large combinations
| that fail to take advantage of the fed.
eral incorporation will not have a
| right to complain If their failure is
| ascribed to unwillingness to submit
their transactions to the careful scru,
tiny, competent supervision and pub
| licity attendant upon the enjoyment
OF such a charter.
Supplemental Legislation Needed.
The opportunity thus suggested for
| federal Incorporation, II seems to me
Is suitable constructive legislation
needed to facilitate the sQuaring OF
great industrial enterprises to the rule
of action laid down by the antitrust
law. This statute Is construed by
the Supreme court must continue 10
| be the line of distinction for legiti,
mate business. II must be enforced
unless We are to Danish individualism
from all business and reduce it to one
common system of regulation or con,
troll of prices like that which now pre-,
walls with respect to public utilities
and which when applied to all bust.
ness would be long step toward state
socialism.
| Importance of the Antitrust Act.
The antitrust act is the expression
Of the effort of a freedom-lovipg pco.
pie to preserve equality of oppOrtun.
| ity. 1t Is the result of the confident
determination Of such people 10
maintain their future growth by pre-,
serving uncontrolled and unrestricted
the enterprise of the individual. his
ingenuity, his intelligence and his in,
dependent courage.
For twenty years or more this stat.
ute has been upon the statute book
All knew OF its general purpose and
approved. Many OF its violators were
cynical over its assumed impotence.
It seemed impossible OF enforce
ment. Slowly the mills OF the courts
ground, and only gradually did the ma.
| jesty OF the law assert itself. Many
OF it's statesmeh-authors died before ii
became a living force. and they and
! others saw the evil grow which they
had hoped to destroy. Now, its eff.
| cacy is seen: now its power is heavy:
now It's object is near achievement
Now We hear the call for its repeal on
the plea that 1t interferes with bust.
ness prosperity. and We are advised in
most general terms how, by some
other statute and in some other way.
the evil we are just stamping out can
be cured, II We only abandon this work
OF twenty years and try another eX,
pertinent for another term of years.
Ii is said that the act has not done
good. Can this be said in the face OF
the effect Of the Northern Securities
decree?
That decree was In no way so dras-
| tic or inhibltive in detail as either the
Standard Oil decree or the tobacco de-
cree; but did II not stop for all time
the then powerful movement toward
| the control Of all the railroads of the