The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-12-12
ANTITRUST PROGRAMME.

Tentatively tho administration hat
announced its plan Of campaign against
the trusts. At the least the president is
10 be thanked for intimatipg Just how
much he intends TO hurt big Busi-
ness Like good doctor, he does not
promise that the operation shall be
painless, but he indicates that the pa
tient will survive. Probably. however,
like many another doctor, he vail pro-
nounce the operation successful even
though the patient dies.
In one respect the Democrats have
returned 10 z pretense Of sanity. When
they maintained that all combinations
in restraint Of trade were illegal under
the Sherman law the United States
Supreme Court. acting in accordance
with the prccedents OF several hundred
years in England, ruled that certain
amount Of restraint was reasonable and
could be sustained only in conformity
with the ''rule of reason Much
hystovia was INDUCED in by the Demo
cratic spokesmen as a result of this
eminently Just decision. They wanted
10 abolish the supreme court, or at
any rate take from it all power
of declaring laws unconstitutional
As such declarations are the most
important functions of the Supreme
Court, to take them away would
be practically TO abolish the court.
The highest tribunal in the country
was established mainly for the pur-
pose of interpreting the Constitution,
and by that token of acting as check
upon Congress. In all countries where
q written constitution obtains such
suprcme tribunal is necessary. The
Democrats. however, insisted that the
uuitcd States Supreme Court was max
ing new law aud not interpreting the
Ian passed ny Congress. little study
of English law. however. would have re-
ycaleJ TO some of the sincere critics
that tho court was simply following
precedent in defining "restraiut of
trade in the light of reason.
Fortunately for themselves and the
rcuutrr toe Democrats apparently do
not intend to repeat their folly. See
ing that the United States Supreme
Court will declare unconstitutional any
law that seeks TO deprive the trade
combinations OF their guaranteed ard
vested rights, the administration has
decided 20 advocate law defining just
what forms Of monopoly and restraint
of trade can be " conclusively deemed"
unreasonable and in violation Of law.
IL is clear that tho Democrats. If they
Weld TO the wilder demagogues who
wsnt all the trusts smashed, can
frame such definitions as again will
ne put under the ban by the Supreme
Court In view Of this contingency.
however. tho wiser heads in the party
will attempt TO draft measure that
will pass through the chastening fire
practically unscathed.
Senator Newlands proposal OF an
Interstate Trade Commission - which
shall be TO the trusts what the Inter.
state Commerce Commission Is to the
railroads, suggests. indeed, a definite
plan Of action, but here again there IL
grave danger OF Democratic radieAlism.
IL is an open question at this day
whether the Commerce Commission has
rot done more harm than good 20
the railroads and 10 the public- This |
is not TO deny the good that the SON.
mission has done In the matter Of
regulating rates, bu. we Hnd the rsfl- |
WAYS handicapped by low rates At q |
time when they are compelled to pay
more for labor and all kinds of sup
plies. Moreover, we find the public
Handicapped and development. retarded
by the fact that the railroads are not
able to build into districts that could |
enjoy the mos, abundant prosperity II
they could but obtain transportation
lines. An Interstate Trade Commits
sion" could be made ard probably will