The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1911-12-15
ANTITRUST LAW
|FULLYEFFECTVE
Says Attorney General WIckers-
ham II Alaual Report
DISCUSSES D|ssOlUT|0Ns
Says Sherman Act Has Demonstrated
Its Effectiveness, Bnt Recommends
That Scope Of Bureau Of C,rpora-
tions Re Enlarged to Give More
Aid in Regulating Combinations.

Washington. Dec. I4.-That the
decision of the United States supreme
court in the Standard Oil and Tobac-
co trust cases, have fully demon
strated the effectiveness of the Sher-
man antitrust law to accomplish the
purposes for which it was enacted. Z
is the opinion expressed by Attorney
General Wickersham in his annual
report which was made public today.
The court In these decisions, :"
says the report, rejected a literal
Interpretation of the act which would
have brought within its condemna-
ton every agreement, which, in any
respect whatever. restrained compe-
tition; and holding that reason
able construction must be given to
Its language. recited that not every
incidental or immateriaI restraint Of
was restraint OF trade
within its meaning, but that a con-
tract combination or conspiracy, In
order to fall within the law. must
impose a direct and undue restraint
upon commerce between the states
or with foreign countries"
The attorney general reviews the
history OF these two cases at length,
and states that in the tobacco case
the supreme court was confronted by
a far more intricate problem than in
the Standard Oil case. He sets his
stamp Of approval on the reorganixa-
tion plan of the tobacco trust, which
was recently affirmed BY the circuit
court. In this connection he says:
In my opinion the plan which has
been approved by the circuit court
win accomplih the objects Of the
Law; and the various injunctive pro-
visions embodied in the decree oil
the circuit court will effectively oper-
ate TO prevent a recurrence in the i
future of those agreements and con-
ditions, which in the past have been
found to be essential to the creation
and maintenance OF monopolistic |
In connection with the recogniza-
ton plans, the attorney general states
that neither the courts nor the de-
partment Of justice is properly equip
ped 10 work out such problems. and |
recommends that the functions OF |
The bureau OF corporations b enlarg-
ID 50 as TO enable that body TO act
N an advisory capacity 10 the depart
msnf OF justice. At present the bu-
reau Of corporations is organized with
sole purpose Of gathering information
md dana to enable the president 70
make recommendation 10 congress OF
legislation looking toward the control
y corporations. The attorney gener-
Il thinks however, that Il their pow
rs were enlarged IN accordance with
lis recommendation Il would prove
4 exceptional help in distinguishing
,orporations that had been adjudged
IS violating the antitrust law.
Fourteen proceedings under the
lnti-trust law have been instituted
'Ince the last annual report, includ-
ng The suit against the United States
steel Corporation. the shoe machine
y trust. sugar trust, magazine trust,
.lectric lamp combination and the
lumber trust.
Under the Hepburn and Eikins IN
erstate commerce Law there have
,een 4e prosecutions for illegal discri-
niuation and rebates.
According 20 the report. the ex-
)enscs Of the department during the
ast fiscal year. including the Offices
4 the attorney general, district attor-
leys. assistants. etc, amounted %
y. 3.223.s73ss. There was actually col
ected and paid into the treasury OF
ne United States as a result OF SUITS
Jrought or compromised by the de-
,arrment the sum OF ss.i67 .0e5.ss; in
addition the sum Of s737. .o20.12 was
,ollcted by the solicitor of the treas
iry as compromise OF claims not in i
Iuk. making on aggregate IN all Of
'4.20i.ii5.si. The grand total OF all
for the department and
,ourts was sl0,35f.1i3s5 for the