New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-08-02
Opposed to Proposed
Drastic Amendments

! am not in sympathy with the purpose
to make the antitrust law more drastic
by such a provision as Is proposed by
the Democratic majority OF the investi-
eating committee of the House, for i'm &.
posing a rule as TO burden of proof upon
defendants under antitrust prosecutions
different from that which defendants In
suggested by any difficulty found In prov
Ing TO the courts the Illegally Of such
combinations When the lllegalty exists.
challenge the production Of a single
record In any case IN which an objection.
able combination has escaped a decree
as to the burden Of proof. 1t is true that
many defendants In criminal cases have
escaped by a failure OF the Jury TO con-
vict, but that arises from the reluctance
which men are likely to be sent to the
penltentiary for pursuing course In
business competition which the ordinary
man old not regard as immoral or GRIM
NAL before the passage Of the act
think | may affirm without contradic-
uon that the prosecution Of all persons
reported to the Department Of Justice TO
nave violated the antitrust law has been
carried on IN this administration without
fear or favor, and that every one who has
violated IT, no matter how prominent or
how great his influence, has been brought
before the bar Of the court. either IN civil
or criminal suit, TO answer the charge.
Il l. the custom Of those who find IL TO
their political interest to do so 20 sneer
at, Is innocuous. the DEGREES against tire
American Tobacco Company and against
tho Standard Oh Company, and the adj
nlnistratIon is condemned in the Demo-
cratic platform. for COnScutlng 10 COM
promise In the Standard OIL case. There
was no compromise. The Standard OIL
decree was entered by the Circuit Court.
and then hv the Supreme Court on the
prayer Of the government contained IN
the original bill filed in n previous adj
mlnistratlou. Tire decree I'm the Tobacco
case was reached after n fun discussion
and entered hy the Circuit Court, consist
ing OF four Circuit judges, as a proper de-
cree. and the government refused 10 APP
peal from II. because II did not feel that
IL had grounds upon which 20 base Sucn
an appeal Both DEGREES are working
well. Both DEGREES have introduced com
petition, the one into branches of the
tobacco business ana the other INTO
branches OF the oil business. They have
not reiutrOduced ruinous competition. nut
they have affected certain prices In sucA
a way as to show the presence of real
The division Of the Two
trusts by the DEGREES into several COM
panies was not expected 10 show imme-
diate radical change in the business. Il
may take some years TO SHOW all tle
benefits Of the dissolution. but the nm
itatiOns OF the DEGREES IN those Two cases
are 80 SDttlIlt az ~ llldN' 'AAN -'t''- 49,
possible resumption OF the old cOmplni-
ton against which the DEGREES were en-
tered Even If experience snail snow tie
DEGREES to be inadequate, full opportunity
IN future litigation VIII De "IoIuep 10
srnnlv the defects
The contest has been q long one. toI
wears the rule laid down in the statllle
was ignored and laughed at, but tne
power Of courts Of justice pursuing quietly
the law and enforcing il whenever oppor-
tIInity arose has finally convinced tne
business public that the antitrust law
means something. and that the policy OK
the administration IN enforcing il means
something 4 number Of these COmbina-
tons Illegally or~anzad ami maintained
are now coming forward admitting their
illegallty and seeking a decree of disco
luton. Injunction and settlement TheE
are quite prepared 10 square with thar
pollcy. provided il be definitely under
stood that II be impartially enforced and
that security shall attend compliance
with the law. Ny belief is that these de-
crees mark the beginning OF a new era
great corporations Of the country now de-
sire Is not what they manfestly did
twenty years ago, to Wit. TO obtain a
monopoly In each business but IL IS 10
maintain n large enough pant 10 secure
the greatest economy IN production on
the one hand and TO avoid the danger q
the threats OF prosecution and disturb
ance OF their business on the other. It
will be the work Of the highest states
manshiD to secure these ends and the
Republican party II given the power will
accomplish It.