New Britain herald., 1917-02-17
BUGLE CALL FOR MILITARY
. CENSUS TAKERS is BLOWN:
GENERAL MEETING MONDAY
GOOD TRUST A MYTH,
SAYS SUPREME court
Files Brief in Suit to Dis
solve Harvester Com
binatiOn.

Washington, Feb. 1.-THE govern
ment today filed its brief in the SUI
preme court in the dissolution suit
against the International Harvester
company. It's officers and directors,
appealed from the federal court in
Minnesota, which ordered the disso-
luton of the company.
There is no such thing as a good or
benevolent trust within the meaning
of the Sherman law, the government
contends and all corporations which
break down the competitive system are
in restraint of trade. After an ex-
haustive review of authorities and of
declarations made by Senator Sher-
man, author of the measure, at the
time of it's passage the brief con-
tinues:
cit is apparent that the objection to
substituting a despotic Organization of
industry for the competitive system
was quite as much social and political
as economic, and therefore 1t would
not have suffered congress to be told,
as we are told in this case, that the
power which they fearedswas thus far
being exercised voluntarily, that
prices had not yet been Increased, nor
wages lowered, nor the quality OF
products degraded, nor competitors
oppressed. In their minds, the mere
existence of such powerful claims was
an evil day and continuing in the long
run, If not Immediately would come
disaster.
For, as in the organization of gov
eminent, benevolence can never justi-
=
in the organization Of industry. The
fundamental contention of the defend
ats fthat the antitrust laws prohibits
only combinations injurious to the
public by raising prices, limiting. pro-
duction deteriorating quality, decreas-
ing wages or depressing competitors)
loses sight entirely OF the broader
purpose and basis Of the act.
"It fails to take into account that
the view of public policy on which
congress legislated was not to wait I'M
til the evils Of economic power have
occurred or become imminent and
then attempt to restrain them, but to
prevent them by striking at undue
concentration of economic power it
self.
Unless the underlying purposes of
prohibitions are to be construed to
include every combination in what
ever form it threatened or threatens
to interfere with the normal and eff
fective operation of the law of any
branch of trade either by the COM
prehension that such is a necessary
effect or by the character of the
means employed or other circum-
stance justify the interference that
such an interference is illegal and
therefore dangerously probable
The companys pleas that three
formidable competitors with COM
bined capital of $91,000,OOO were en-
gagged in the same business and at
forded brisk competition and testi-
mony relating to the contentious are
reviewed in detail. The competition
thus afforded, the brief states, is neg
1igible and the competition of all
companies combined left the defend
ants in possession of approximately
the per cent of trade, sufficient, it is
commended, to constitute them a mon
opoly within the meaning of the law.
The customary request is made that
the manner in which the dissolution
may be best affected be left to the
lower court to devise.