The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-08-02
continued From Page one.

it does not justify such a remedy and
could not be cured by it. Such a con-
troll, semi-socialistic in it's nature, is
beyond the power vested by the con-
stitution in the federal congress.
"The abuses mentioned in this re-
port can in a great measure be rene
died by giving to the operations Of
the United States steel corporation
and other like corporations the widest
publicity, and by ,the strict enforce
ment of laws specifically inhtbiting
the employment of cunning devices by
which an unfair advantage over COM
petitors is secured. The bureau of
corporations possesses the authority
to thoroughly investigate the internal
affairs Of industrial concerns doing
ar interstate business. Had the char
acter of the steel corporation and the
nature and extent Of it's operations
been known to the people and to the
president Of the United States at the
time of the absorption of the Ten
nessee Coal & Iron Co.. it is highly
improbable that the chief executive
would in twenty minutes have given
his consent to a merger fraught with
infinite injury to the steel industry
and to the public alike.
1.-THE commissioner of corporations
should be required to report to con-
gress as well as the president Of the
United States, at such times and upon
such conditions as 1t nay prescribe.
and the law creating this bureau
should be amended as to make such
reports mandatory upon the commits
sioner of corporations.
"The enormous earnings of the
steel corporation are due not to a de-
gree of indignation of efficiency not
possessed by Its competitors, but to
the ownership of ore reserves out Of
all proportion to Its output or re-
quirements and to the control and OPP
GRAFTON of common carriers, divisions
Of rates, and the liberal allowances
obtained from other concerns through
Negotiable and inordinate terminal
allowances. The business Of produc-
ton and transportation should be
absolutely separate and distinct, and
no Industrial concern should be per-
mitted to w or operate an inter-
state carrier.
THE attorney general of the United
States and his subordinates should
not be permitted to exercise an abb
Solute discretion as to the institution
or proceedings under the act of July
1, 1890, known as the Sherman anti
trust act, or other acts prohibiting
combinations in restraint Of trade The
parties injuriously affected by such
combinations should have access to
the courts and the benefit Of adequate
and sufficient remedies for wrongs in
ficted by such combinations"
Remedial Legislation.
The legislation recommended by the
majority consists Of three bills. One
of them, commonly known as the
Brandeis bill is designed to give an
injured party the right to institute
suit to prevent the organization of a
combination in restraint of trade.
This bill also transfers the burden OF
proof t o the defendant corporation to
show that it is a combination within
reasonable restraint Of trade" The
bill recommended by the committee
has long been pending before con-
gress, having been introduced by
La Toilette and Representative Len
root.
Another bill would provide that mo
person who is engaged as an indi-
viduaI or as a member of a partner
ship, or as a director or other officer,
or an employe of a corporation, In
the business, In whole or in part, of