Evening star., 1939-01-27
Courts as Referee
To Block Monopoly
Urged by Arnold
Independent Rulings Held
Better Than Positive
Federal Control
BY the Associated Press.

BY the Associated Press.
NEW YORK, Jan. 27.-Assistant
Attorney General Thurman Arnold
said last night that business should
be willing to accept an independent
judiciary as a referee to preserve
competition rather than to drift into
combinations which will in the long
run require positive Government
control"
He discussed monopoly in a debate
with Andrew Wells Robertson, chair
man of the board of the Westing-
house Electric g. Manufacturing CO.
Their speeches were prepared for
Americas town meeting of the air"
Mr.. Robertson, contending that
"unrecognized monopolistic practices
are to be found everywhere" as
serted that free and unrestricted
competition was merely IAN abstrac-
ton"
80 - Both Monopoly and COM
petition he summed up, "are needed
to advance business recovery, so
mingled In cur philosophy as to
distill the good of each and reject
the evil OF each. Monopoly is now
the popular devil. 1t is in truth no
more evil than competition; each
has the power to destroy II unre-
stricted; but each is also good in its
own right and is the natural and
necessary complement Of the other"
Wants Price Levels Curbed.
The antitrust laws, Mr.. Arnold
said, represent an approach to the
problem based on the conviction that
prices must be brought within the
reach Of purchasing power for free
and independent enterprise to do
the job"
"One other way, of course" he
added. "is the Army method en-
ployed by the totalitarian States
which directly control manufacture
and distributions way which every
American instinct causes us to re-
pudiate"
1--WE have" he said, "a price
structure which is beyond the reach
of two-thirds of our American fam
lilies"
The competitive struggle without
effective enforcement is like a fight
without a referee In such a con-
test the men who form a gang will
win. The situation will not be solved
by preaching fair play. because ir
such a contest the man who oh.
serves fair play will get his reward
only in Heaven.
The trouble Is inadequate polio.
ing. The referee has been too Ions
absent in most sections of American
industry. =
"A case-by-case adjustment be.
tween the techniques of mass pro.
duction on the one hand and fire.
competition on the other Is the only
method by which reasonable anc
fair enforcement of the anti-trus
laws can be effected"
Cites Instances Of Monopoly"
Illustrating his contention thai
monopoly, in the strict meaning O.
the term, was found everywhere
Mr.. Robertson said the prairi.
grandfather in building fence wa,
using a "monopolistic device" add
ing:
Are there ever two competin,
newsboys on the same corner? There
never are and never will be-not a!
long as the spirit of free enterprise
has fists to maintain a monopoly O.
its corner-and they sell the sam.
papers at the same price.
80 1t is evident" he said a,
another point, that we do not hat4
monopoly when it isn't called mo.
nopoly, or when it isn't thought O,
as monopoly, or when it is small
and honey"
To accomplish anything" h.
added. "the law must define a rea.
sonable ideal of business which par.
takes Of both monopoly without it.
horns and competition without tn.
cutthroat."