The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-08-19
WHOLE FIELD COVERED
Tribunal Composed Of Men
Who Will Handle Situa-
ton Fearlessly.

sioners former Cost Of Living Com
missioner w. r. O'Connor. a fearless
defender of public rights-is not a
tribunal calculated to put hobble skirt
upon legitimate business. 1t does not
assume, as the United States Federal
Trade Commission at first assumed. that
all combinations are in restraint OF
trade, and consequently. public hard
ship. 1t is simply and essentially
court to give all Glasses In the COM
munity n square deal-to strike an
equitable balance between the men who
make and sell goods and the men who
buy them.
Its jurisd iction over combines is very
clearly defined. 1t extends over all
articles OF commerce and over the
persons and companies producing or dis
triouting, them. But, as already indi-
Gated, a combine Is not considered un-
lawful per ne. Only combinations clearly
and demonstrably inimical to the public
good are put under the ban. The act
upon which the court is based assigns
an artificial meaning Gin addition to
the proper meaning) to the word com.
bine." II 10 made to INCLUDE q trust
or merger Of the interests OF several
persons or companies.
1t includes also any purchase. lease or
any other acquisition Of any control over
any business, and as we'll all actual or
tacit contracts, agreements, arrange
ments or combinations that have or are
designed to have the effect Of limiting
facilities for transporting. producing.
manufacturing, supplying or storing or
preventing, limiting or lessening manu-
facture or production or fixing a common
price or resale price, or a common
| rental or a common cost OF storing or
| transportation, or enhancing the price
or rental or cost OF article. rental,
storage or transportation. or preventing
or lessening competition in or substan.
TALLY controlling within any particular
district, or generally, production. manu-
fRcture, barter. sale, transportation. IN
surance or supply or otherwise restrain
Ing or injuring commerce"
Broad Powers Conferred.
Thus a combine. as defined. must pro-
coed from the agreement of two or more
persons. The agreement may be actual
or tacit, expressed or implied. A gen
| tieman's agreement" the result of a nod
/ or a wink. as among good friends. VIII
become as vicious. as easily attacked
| as any other.
The court IL empowered and directed
to "restrain and prohibit the formation
and the operation of combines" In do
| ing 30 II may act on Its own motion or
upon complaint laid before It Even
where II has no jurisdiction TO make
any order concerning a matter coming
only incidentally before 1t the board may
make findings and declarations upon the
matter which may call for action by
| Parliament, or for the condemnation Of
the public. By this means. too. the court
will bo enabled to state principles Of
business ethics and to pave the way for
extensive reforms IN business morals.
II may order any company or person TO
cease any act or practice which in whole
or in part constitutes the operation of a
| combine as defined, or the processes Of
the formation Of such a combine.
Disobedience of the courts orders
constitutes indictable crime with PEN
atty of $1,000 for each days continued
disobedience or Imprisonment for two
years. And every director or officer OF
q company who assents to or is in any
way q partner 70 such disobedience Ia
personally liable for the full penalties.
cumulatlvely with his company and his
codirectors or associate officers.
Possibility OF profiteering through the
tariff is not overlooked II the court
fnds that any improper operations Of a
combine are facilitated by duties Of Gus
i toms or by patent rights the Government
/
OF commerce in question or reduce the
duty on them.
| Control of Profits ana Prices.
The Jurisdiction OF the court over
profits and prices IL plain. II has power
and Is directed to restrain and prohibit
unreasonable accumulation or withhold
ing from sale. 1t can compel the offer
ing OF stocks of cold storage or Other
establishments for sale. 1t can restrain
the making or taking Of unfair profits
and also all other practises with respect
to holding or disposition of goods as. In
the opinion of the court, are calculated
to enhance cost or price.
The difficulty OF defining ''profiteering'
is neatly overcome. The court is mad,
supreme and fnai arbiter as to all mat
tiers OF fact, and an unfair profit Is de
clared to be a profit which the court de
clares TO be unfair. The court may re
lquire any dealer, holder or storer e
make regular or other returns undei
oath as to the quantities on hand. pur
chased, sold or otherwise dealt with. ant
as to cost, including every factor or ele
ment entering into cost, and selling price
and any other relevant information.
Its examiners may enter bushes
premises, examine books and records
and interrogate under oath any persoi
found on such premises Obstruction o
refusal to answer Is indictable GRIM
punishable by $4,000 fne or two year
imprisonment
/, The court may itself try any psrsol
accused OF prohteering. or It may sem
him TO the criminal courts for trial, O
Il may try him and pronounce prohi
. bition against continuance OF the act
complained of, and. as we'll. send hin
to the criminal courts for punishment
for his past aots- II the offender repent
, the offence the only issue trtable be
fore the criminal courts Is as to whether
he has or has not obeyed tho order O
. the commerce court. Noncompliance
, means a fine of $1,000 a day during tn
period of disobedienoe or two years i'm
prisonment.
The new court Is vested with all IN
} powers characterizing any other legs
tribunal. Its defined powers may be in
: creased, but not diminished, by the cab
, net, who may empower II to "investigat,
: inquire, hear, determine. order. appoln
direct, permit, sanction. approve or PFC
/ hibit" concerning any matter affeotin
! trade or commerce, as II may from tim
|, to time be authorised. All the courts d.
1 cisions are fnal as regards matter
of fact, but an appeal lies upon matte
9 of law TO the Supreme Court Of Canadi
: AS the courts orders impute criminalit
!. the usual appeal TO the grace OF I'll
a Crown Is admitted. The Governor-ii
r Council may absolve the accused or gran
Q a new trial.
. Taken all In all. the court appears
n oonsfitute efficient machinery for n
/ -..-xx..ulan NJ the ssroflteer. and thu "a