The sun., 1919-10-26
Government Lawsuits Against the Great Trusts

The Standard Oil Company accomplished
everything that it was possible to accom-
plish under the Sherman Act and went
further than any other decree in any court.
III.
Prof. Thompson points out that anti
trust prosecutions under the Sherman Act
have been largely dependent upon the at
titude of t"our administrations and their
attorney generals" He thinks that Har-
rison, Cleveland and Mckinley "were not
fitted by training or conviction to lead the
struggle against the powerful corporate
interests which opposed the enforcement
of the laws Neither were their attorney
generals better fitted for this task As
illustrative Of the varying degrees OF anti
trust activity during successive Prsiden-
tial administrations, the author gives the
following statistics: Harrison administra-
ton, four bills in equity were fled and
three indictments were found under the
Sherman Act; Cleveland's second admin
istration, four bills in equity and two in
dictments; McKinley's administration,
three bills in equity; Roosevelt's admins
tration, eighteen bills In equity and
twenty-five indictments, and Taft's admin
istration, forty-six bills in equity and
forty-tlrree indictments.
1t is obvious, as Prof. Thompson re-
marks, that President Taft's administra-
ton witnessed the most vigorous proseeu-
ton Of the trusts since the passage of the
Antitrust Act. As Circuit Judge Of
the United States Mr.. Taft had rendered
the decision against the Addyston Pipe
and Steel Combination, which was the first
corporate monopoly dissolved under the
law. His Judgment was upheld by the
Supreme Court in an opinion which
broadened the scope Of the Sherman Act
far beyond the limitations apparently i'm
posed in the Sugar Trust case, and hence
President Taft was more fully alive than
any of his predecessors TO the possibilities
of successfully attacking the great trusts
under existing laws. His Attorney Gen
eral, Mr.. George W. Wiekersham of New
York, ardently aided him in his purpose
to give greater effect to the Sherman Act;
and the results were so satisfactory to both
that each disclaimed any desire for any
modification Of the statute. As in many
other cases, the law was found to be good
enough; its value depended upon the
spirit and method of its enforcement.
In the authors review of the important
antitrust decisions rendered In favor Of
the Government since 1911 he devotes EN-
phatic attention to the case Of the Ma
tional Cash Register Company, in which a
most sweeping decree was made, designed
to put an end to the numerous and inge-
NOUS methods adopted by that corpora
ton to prevent eompetition-Inethods
which had resulted in its acquisition Of IS
per cent. Of the entire cash register bust
ness In this country. This was in. a civil
suit against the company in criminal
prosecution. President John 81. Patter-
son and twenty-nine other persons were
convicted of conspiracy in restraint of
trade and commerce, but the Judgment
was reversed on appeal and the Govern
ment dropped the proceedings IN 1916
after the rendition of the decree In the
civil action.
Prof. Thompson does not approve of
the leniency thus shown the defendants.
aft there be any persons" he says, "who
4La
terms of the Sherman law it would ap-
pear that some of the defendants, who for
over thirty years had used the most I'M
fair, oppressive and illegal means Of main
tanning a monopoly, should not have been
allowed to escape so easily. Undoubtedly
the generosity shown by President Pat
terson and his associates during the Day
ton food disaster, which occurred. soon
after their conviction. helped to weaken