Evening star., 1915-06-16
new POLICY likely
TOWARD THE TRUSTS
Probable Avoidance of Litiga-
ton by Recourse to the
Trades Commission.
WILL GIVE BIG BUSINESS
CHANCE TO MEET CHARGES
Recent Reversal by Courts of Gov
eminent Contention in Important
Cases Prompts Change.

Explanat ton, accommodation and
conformation to administrative re-
quirements as against tedious and ex-
.pensive litigation is likely to be the
policy agreed upon in future between
the government and big business.
Cessation of so-called trust prosecu-
tions by the government, except in
fla grant cases, would be consequent
feature of the understanding.
Recourse to the federal trades COM
mission for definition of the Sherman
act in its application to special cases
and admonition to obedience to the
Clayton antitrust act will largely take
the place of stringent prosecution
under the old Sherman law. 1t is said
In other words. when complaint is
made to the government of alleged
monopolies and unfair practices the
offenders will be allowed to discuss
their side with the trades commission
and given opportunity to abandon the
practices before being hailed into court,
with the prospect of carrying the case
to the tribunal of last resort.
Result of Recent Reversals.
That the government may be induced
to this milder policy as result of sew
eral severe setbacks recently sustain
ed in the courts is thought to be the
outlook. The government lost in the
lower courts in its fight against the
Shoe Machinery Company, the Steel
Corporation an dthe Cash Register case.
The International Harvester suit awaits
adjudication by the Supreme Court, and
If that decision falls short of COM
plete and sweeping victory for the gov
ernment the opinion prevails III official
circles that a radical change in pro-
cedure against the trusts will be the
result.
Moreover, as it is pointed out, the
Taft and Roosevelt administrations had
already made pretty thorough clean
up Of the trusts most complained
against, leaving TO this administration
mainly the aftermath in the shape of
criminal prosecutions The United
States Supreme Court is not keen on
criminal prosecutions, as was evil
denced in it's deciination to take up
the Cash Register case. Finding the
lower court had made no error in law,
the Supreme Court refused TO go be-
hind its findings in any way
The International Harvester and the
Steel Trust cases are known to be the
backbone of the governments depend
ence upon the Sherman law. While At
torney General Gregory has announced
intention TO appeal the Steel Trust
suit. the belief in well informed circles
is that his course will depend very
much upon the decision nj the Harves-
ter Trust suit. which may come down
next Monday.
High Financial Opinion.
Reports reaching Washington from
high financial sources in New York say
That nothing has done so much to en-
courage big business" as the decision
Of The lower court in the Steel Trust
suit. 1t is said that this decision gives
confidence to the large interests, en-
courasing them to proceed with prof.
eCts Of expansion. With the farmer
5asking in high hope over the crops
and capital raising its detected head.
il is thought in the CIRCLES in New York
which discount approaching good times
that the merchants and the middle
ground interests should soon feel the
reviving effects of improved conditions.
There seems to be disposition on the
part OF officials to seek the milder
processes of compromise through the
medium of the trades commission
wherever IL can be effected. in prefer
ence to running amuck against large
corporations. In fact, the broad hint
has been given from high official
source to perplexed business to seek
advice and counsel of the trades COM
mission in cases where the business is
doubtful of its position conscien-
legally nor living in sin against the
public welfare.
Light of Reason Argument.
Chief Justice Whites admonishment
in the great Standard Oil decision that
the Sherman act must be construed in
the light Of reason has evidently, IT
is said. been prayerfully considered by
the courts below as shown in recent
decisions, and that statute has been
shorn of some of its earlier rigors and
terrors
The new trades commission is expect
ed to develop into an efficient light
house OF reason to point the way to
safety In the troubled sea of big busi-
ness. Mutual understanding, with
sympathy and helpfulness on one side
and obedience and dissipation of dis
trust and fear on the other. is counted
upon to bring about more placid condi-
tions between the government and the
great corporations.