The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-27
JUDGE FORD ASSAILS
ANTITRUST LAWS
Tells Employees Of Swift 4 Co.
Sherman Act Should
Be Repealed.

Supreme Court Justice Ford gave a
new view OF big business in an address
at the dinner of the employees OF Swift
& Co. at the Hotel Astor last night. He
said that the rise OF big organizations
"in their present all envelopins proper
tlons'' Is the result Of economic laws as
lmmutable as they are irresistible and
that he would repeal the Sherman act IL
he could.
These gigantic organizations. with
their tentacles recognizing no State
Ines he said. but stretching out and
feeling for profit and sources or profit
In every State are merely products OF our
advancing civilization and should be. and
can be made to be, highly beneficial to
the public. As surely as the railroads
have superseded the stage coach and the
ocean greyhound the clipper ship so
surely will big business supplant little
business"
Judge Ford said that the simple axiom
which is at once tho genesis and the
Justification OF big business Is that. all
other things being equal. a factory turn
ing out 100000 pairs OF shoes q year can
can the manufacturer with a capacity
OF 10000.
III they could not produce cheaper and
sell cheaper they would not be here" he
added II do not attempt to blink at the
hardships thus produced upon small busl-
| ness They are real. but unavoidable.
Much of the criticism OF the so-calied
trusts has come from these sufferers. 1t
| Is akin 10 the bitter opposition which in
the early days marked the Introduction
OF labor saving machinery. But the law
OF the survival Of the fttest operates upon
Industry just as incxorably as upon
| human lives
Judge Ford said that there Is need of
Governmental regulation Of trusts to in
sure TO the public it's fair share OF the eco
homie advancement and TO prevent abuse
OF power but he thought that the laws
| now upon the statute books--"repressive
legislation he called it-had been posi-
lively harmful.
I'm so far aA their purport Is 20 break
up existing conditions" ne continued, 10
stop their free and full development or
| TO prevent tho growth Of ether similar
| organizations I would repeal every one
| OF them commencing with the Sherman
act and covering every State in the
Union.
I'm place OF them I would have law.
recognizing these Institutions as lawful
and desirable but establishing over them
a strict espionage OF all their operations
to prevent fraud or oppression and lodg-
ing the power in some appropriate Gov.
ernmental agency to fix the charges made
for the commodity dealt In or the SER
vice performed"
II the Legislatures have not power tc
do this Judge Ford would amend the
Federal and State constitutions 80 as &c
give them power. He said that State
rights 10 dying issue and should not bs
considered when az here the national Gov.
eminent Is incomparably better able. te
deal Win existing conditions.
THE way" he said. should be opened
By constitutional amendment for Con,
| gress to assume exclusive Jurisdiction ovei
this entire subject It Is intolerable thai
concern doing an interstate business
should not only be subject to the law,
OF Congress, but harrassed by the on,
actments Of the forty eight other L~S,sla
lures. Indeed In my opinion the time Il
ripe for a constitutional convention 4
revise generally the fundamental law O
the Union"