Evening journal., 1914-07-08
Trust Legislation and The
Average Business Man
From System for July.

OF business concerns handing actl-
yities as diversified as the roster Of
tho nations market list is little short
Of prohibitive
Having secured reports from the
hundred thousand corporations-at a
cost exceeding twenty million dollars
"a trade commission would be in
Danger Of strangulation from the
flood of resulting work. To analyze
end study the reports can not fail
to take the entire time of many ex-
perts and directors The results they
secure viii not hasten court proce-
Gure and can not supply more than
q roundabout means for searching
out actual violators Of the antitrust
laws.
When the average business man
locks al this proposed antitrust
legislation he sees two needs first,
protection from business pirates
operating in violation Of the rules Of
tair competition; and, second,
method of Furnishing unfair business
OF this type by a plan which will not
burden the man who operates in
strict conformity with the law. He
believes that the broad principles
laid down in the Sherman act. il
efficiently enforced under the rules OF
unfair competition already worked
out by the courts, satisfy these needs
he looks with suspicion upon legis-
lation which condemns specific prae-
tees as unfair competition, because
he fears that without enlalg ging his
real protection the language en-
ployed will serve to render Of doubt
1ul legality certain we'll established
end legitimate trade usages not con
demned by the Sherman act.
lie wants some sort of an instru-
ment that will apply the Sherman
act in manner which makes Justice
prompt. He has no objection to-in
most instances he wants-a construc-
tive commission which will hold pub
lie hearings as the result of COM
plants of high federal officials or
concerns that believe themselves ag-
grieved. He urges that this commits
sion be given the power to instigate
action against firms AMI individual
business men it believes 10 be yieIat-
ing our laws.
But the administration needs
clearly to recognize the difference be-
tween the average business and un-
fair business and so shane legislation
in practical detail as in principle
that from the seed Of bad practices
which certain big" businesses have
soWn. the average business man of
this country will not reap a crop of
expensive details and cumbersome
impediments.
We believe that If the average
business man will apply to just one
external problem-this proposed
legislation-a proportion OF that
ability which has made the average
business Of this country clean and
progressive, not only will his own
business benefit, but also. through
the government. the country and the
public at large will profit. at least
il Will be made plain that the average
business man. instead of being in
terested ir new ways to break the
Sherman act, gives his closest atten-
tion to making and selling commodi-
ties at a reasonable profit.
The sooner the business man re-
cognizes the need of making This
clear TO the government, the better
FOR the business man. Tho sooner
the government understands. the
letter for the government. The time
has come for the government to take
more interest in what the average
business man is doing II it does
not, and only considers unfair busi-
ness, there is more than an even
chance of Furnishing non-combatants.
In his turn, the busin ass man must
assume a wider sphere Of action and
give more of his time to external
problems, including the governments
plans. He needs at Washington
department to consult rather than TO
rear. 1t has been suggested that the
trade commission be given power 10
tell when the ice is thin. to determine
IN advance what specific practices
are or are not in violation of the
antitrust laws. But the average
business man is not Interested in
testing thin ice He desires speci1c
asslstai that will help him to stand
iegart iess OF the thickness OF the ice
--usablc' proft-bringing, down-to-
the-gfound assistance such as the
Department Of Agriculture gives the
farmer. This means separating the
governments accusatory functions
ior controlling business from the
governments constructive and ad-
vlsory functions for helping business.
the Trade Commission now proposed
can not legally undertake construc-
tive work of this type.
The Department Of Commerce as il
stands is a composite OF noticing and
assistance, Of up-building and sus-
picion. Il raises fish. measures boats
and keeps the lighthouses going al
the same time it is policing business.
investigating the clothing Industry
and taking the census. There is no
question Of the high ideals OF those
IN charge of the Department OF Com
merce. In the department now.
headed as it is by q man who has
successfully directed large business
enterprises, conditions are indeed un-
usually favorable But II is a very
serious question whether or not it
viii ever be possible TO crowd from
the present group of diverse and un-
related activities much constructive
work helpful to the business man.
Unfortunately, too, within the De-
partment OF Commerce. a bureau has
been included which looks upon all
business with suspicion the Bureau
CT Corporations. Immediately the
department-we had all thought it
would be sort of a Department Of
Agriculture for business men-took
color from this investigatory, accu-
satory bureau. AS a result the pos
sible constructive work Of the de-
pertinent naturally enough has be-
come tangled up in the minds Of the
average business man with the attor-
ney general the Supreme Court and