I IWGK a T1IU CITIZEN, WI3DNKSDAY, VKU. 21, 1012. ooooooooooooooooooooooon o o o o o o o o o o o o o o 3 o o o o o o o o o Attorney General Declares There Is No Oocasion For Its Amendment. oo OOOOOOOOOOOOOOOOOOOOOOOO I From an article by George W. Wick erham, attorney general of tho United States, in the Century Manaiine for February. Copyright, 1912, by the Century company. DISCONTENT with the Shcrinnn nutl-trust lmv nnd tts enforce mont by this administration Is not nearly so whit-spread us Is iwpnlarly supposed. It Is n reasonable assumption that the majority of the people who nre discontented witli the Sherman law and with Its enforcement are the stockholders nnd others inter ested in those corporations and com binations charged with its violation. The people who will most benellt from the enforcement of the law are the great army of consumers who have been purchasing the products of these corporations. The purpose of the law is not to de stroy Industries. Tho real purpose of the Sherman law is to compel fail trade, to protect the average business man from Injury due to unfair nieth ods of competition. It is meant to keep the highways of commerce open to all. hip and little, rich and poor, on the same terms. Therein lies Us great est ethical value. The purpose of tho Sherman act is to prevent undue combination and cen tralization of power, and therefore in issuing their decrees tho courts have merely compelled the combinations against vh..-h they have been directed to resolve themselves Into their in tegral parts. Tho property of the stockholders remains. It Is as capable of production and of earning dividend- us ever There Is. of course, some genuine ls content with the Sherman law. Inn ' suspect most of it arises not so mm h from any real uncertainty as to ns meaning as from a realization of th.it meaning. Need of a Check to Monopoly. 1 think every thoughtful person will agree that t In Sherman act or some equally effective statute was absolute ly necessary t check the glowing cen tralization In a very few hands of the vast iiidustiles of tho United States. It Mas the danger of that centraliza tion which the leaders saw In 1K!10, when they framed and enacted tile Sherman law Slowly, but irresistibh. the construction of the statute h ii been widened, until now it is donna stinted to be iidequate to etlecl tli-il great result. Chic of the results which the Shor 111:111 law will accomplish, which must be beiiellcial to a large class. Is to drive out the middleman where the eondl tious are such that the middleman t5 not the natural economic, result of the operation of tin laws of trade. It must be remembered that In all this discussion nothing will really sub the men who have built up the gr.-it trusts and vhoe interests have been in the monopolization of great lines of industry but some method of contin ulng in tho future, with greater or less immunity from interference, the same power and control which they have enjojod in the past. How to Eliminate Uncertainty. In my opinion, the only effective way to eliminate all genuine uncertainty Is through a federal Incorporation act containing provisions adequate to meet the situation. Congress has recognlz cd Its power by asserting the right to I Interfere and control nnd to that ex tent to regulate the conduct of Inter stale commerce by declaring what con Inlets, combinations, monopolies, elc., shall not he entered into. I believe il is time for it to recognize Its duty to provide proper vehicles for the cm. duct of that commerce, so ns to ina.ii nunecossiiry the combinations it In." prohibited. In the past congress has left the whole law of association - the law a eo-upeiation under corporate form- to the state? This has necessarily hd to the holding corporation wliereb tin coniriil over an industry, through com pnrntlvuly- small capital, can lie e-et clsed with ever widening sweep anil virtually without bounds. Congress k'i mid pro ide for the formation of rpoiotlons. which, after nil, Is 110th lug more then to regulate the rule" whereby men may associate themselves In the conduct of Intoresttito commerce with limited liability and with pre vision for the transfer of their inter csts in whole or In part without 111' feeling the continued existence of the association. Congress should provide for the ereu tlon of sin h bodies, should precrlhe the rules 11 der which they may trans net their business and should prote. 1 them In the transaction of that busi ness in accordance with those rules. Then and not until then will the prob lem be effectively solved. Such 11 Inw would remove all the scandal of corpo. rate organization, of Inllated canluiSI zatlou, of deceit of the public throm-'i lack of Information or dlsxemlniill'in of misinformation and would thus en ublo the business of the country to In conducted on a safe and sane baI The federal corporation, being n crea turo of the federal law, would be en tirely subject to federal control, und from time to time as tendencies dove' oped which seemed to run counter to oo ii inn ni piirnnnpiiriiiT nrnrn w inwim OFTIEfflll ABTI-TRUST LAW oooooooooooooooooooooc )OOOt o c c c c c c O O o o o o o o o o o o o o o o o Suggests Optional Federal corporation as a Means Supplementing It. In- of OOOOOOOOOOOOOOOOOOOOO ooooo the public Interests they could be checked by appropriate legislation. In the meantime they could be checked by appropriate regulation. The Regulation of Prices. The moment the government suffers to exist a combination of producers so great thnt It fixes or hns the power to tlx prices nt will nnd tho consumer has no share In fixing those prices effective governmental control must necessarl ly provide a means of correcting that price fixing by governmental lntcrpo sltlon on the same lines thnt It lias used In the case of the price of trans portntlon under the Interstate com merce net. The fixing of prices by the govern mont Is tho logical nnd Inevitable out come of tho policy of recognizing some trusts ns good and of attempting to dis criminate between good nnd bad trusts The "good trust" Is the combination which, having the power to r.-unh out Photo by American Press Association. ATTORNEY GENERAL GEORGE W. WICKERSHAM. nil opposition, does not exercise It fully or does not exercise It so as to arouse a general popular dissatisfaction. Un der the Shermun law alone no such thing can exist. In all this discission I use the word "trust" to mean a combination so great as to amount to n potential monopoly. No absolute monopoly has grown up under the Sherman act. There alwnys has been a small percentage of the busi ness which was not ncqulred by a giv en combination, but a trust has with in itself that power which will enable It either to become a monopoly or vir tually to exercise all the control which would be Inherent in n monopoly Optional Federal Incorporation. Then? nre those who believe federal incorporation should bo made compul sory, a prerequisite to the transaction of Interstate commerce. I do not be lieve that, because I think that the desired end can lie achieved by mak ing it optlonnl It Is not easy to work a radical change in existing eondl (Ions. Hut the federal incorporation net should be made so attractive to legitimate Industry as gradually and perhaps rapidly to attract those en gaged In Interstate commerce In n large way. All those who wish to combine or consolidate existing busi nesses which are more or less com petltlve, thus giving rise to questions as to the applicability of the Sherman law. would realize that federal incor porntlon would so greatly facilitate tho legitimate conduct of thnt busi ness that they would not be willing to forego its advantages. On the other hand, the faithful nnd rigid enforcement of the Sherman Inw will soon demonstrate the folly of try ing to carry on n business which Is not legitimate. New enterprises would lie formed under n federal Incorporn tlon law. nnd perhaps after n time five or ten years possibly the eondl tlons might become such that con gress could properly prescribe that after a given date no Interstate com merce should be carried on by any corporation not organized under the federal law. My view has always been, however, that the federal Incorporation law should not be applied to small con corns; that the great machinery of the federal government which it would be necessary to establish for such pur pose ought not to be directed to little concerns thnt can be more properlr irgnnlzcd nnd carried on lu their ow .ocnlltles, although they inay imikiu to a certain extent lu business be tween the states, As n rule, (lies small concerns do not appeal general ly to the public for their capital. The first result of the provision fo jtich federal Incorporation would l that those who are actuated by 11 do sire to conform with the law. but wh are sincerely In doubt as to Its require inents, would promptly nvail them selves of It Others would rapidly fol tow, because the advantages of sub Jectlng themselves to such federal con trol and of submitting to such super vision and publicity would Include no only n practical Insurance against pros edition under the Sherman law, but a stability of their securities otherwise unattainable. It Is possible there would be no need for further leglsla tlon. On the other hand, congress might find It wise later to make such Incorporation compulsory lu the case of all corporations doing an Interstate business and offering their stocks or bonds for public sale. Law Effective as It Stands. There Is, In my Judgment, no ofca sion to nmend the Sherman law That law is effective as It stands. To tiinetit! It would merely necessitate further J11 dlclal Interpretation before It would be as clear nnd ns enforceable as it i today and would go far to destroy the good results of twenty years of Judicial interpretation. Hut there Is a possible method of amplifying that law by ml (lltloti or supplement, not by amend mont Kor example, it hns been pro posed and the president hns stated that he sees no objection to it thnt tho law might be supplemented by speci fying some of the specific acts which have been adjudged by the courts to be embraced in the phrase "undue re straint of interstate trade" in order that merchants may have before them In codified form a clear enumeration of certain things they may not do and be thus relieved of the so called "glitter ing generality" of the statute. The difficulty of carrying out this sugges tion will be found when the drafts man comes to write such a statute. I am Inclined to think that formu lating the various kinds of unfair trade nnd undue restraints of trade which would properly be Included In such 11 statute will add little new to the pop ular understanding of the meaning of the Sherman act, although, as the pres Ident suggests In his message, it may result lu shortening the task of the prosecuting ollicers of the government. Hut there should certainly be noth ing In any additions to the statute to enable a concern whose Ingenuity had devised some new and unspecified method of destroying competition to plead Immunity from punishment be cause that particular method or re straint of trade was not made the sub ject of express prohibition. AT 60 WALKS 50 MILES. S. E. Cavin'e Birthday Tramp Between Philadelphia and Wilmington. Samuel 10. Cavln of Philadelphia, lawyer and member of the Union League club, celebrated his sixtieth birthday by walking to Wilmington and return, a distance of approximate ly fifty miles. He left the Union League at -I o'clock in tho morning and reached Wilmington at ll:l! a. m. and arrived at the Union League again at !:-15 nt night. Mr. Cavln started the trip In a blind ing snowstorm, and the snow contin ued all day. making tho going very heavy- He declared that he attributes his splendid health to the a mount of walking he does nnd advises all busi ness men to follow his example und they will not be troubled with iudlges tlon. gout or rheumatism. 'Skyscraper For Seattle. Seattle, It Is reported. Is to emulati New York city and perhaps surpass Chicago by building n forty-two story skyscraper. TO PHON BHAND Dix Names Hand ti Investi gate facts In Case. GRAND JURY IS BUSY TOO. Former Dotective Who Reported That the SchlffValet-Burglar Had a Crim inal Record Now Admits Hit Re port to Judge Rosalsky Was Not Based on Facts. New York, Feb. in. Governor Dix hns accepted Justice Gerard's sugges tlon that the constitution prohibits a supreme court Justice from accepting any other otllcc und hns appointed e: Judge Ulchard L. Hand of Kssex coun ty ns special commissioner to report whether the facts justify 11 pardon fo Koike Kngcl Ilrandt, tho Schlff burglat Justice Oerard will delay a decision on the writ of habeas corpus In oidi i to give tho governor time to receive i. report from Judge Hand. If, however, it becomes necssry Justice Cerarl will sustain the writ and remand Hrandt to the custody of the dlstrh t attorney for trial on tho Indictment of burglnry In the first degree. The grand jury, assisted by District Attorney Whitman, has begun in! investigation to determine whether Hrandt was tho victim of a conspiracy when he was sentenced to thirty years in Clinton prison by Judge Otto A. Ito salsky. In thnt connection It Is known that Judge Hosalsky, Howard S. Cans, counsel for Mortimer L. Schlff; Mr SchllT himself. Police Inspector Wil liam W. McLaughlin and a man named Rothschild met nt tho Criterion club 11 few days before Hrandt was sentenced The most interesting revelations had to do with the grand jury Investiga tions. It Is now known that Indict ments for conspiracy are expected In District Attorney Whitman ns the re suit of the inquiry as to what Improper Influences were used in getting Brandt into the penitentiary for a long term A pardon for Hrandt and that Is like ly to come tiny day will, of course, have no effect on the conspiracy lnvcs tigatiott. Both the district attornej and the attorney general are deter mined to get nil the facts and proce- i against any persons the grand jur. may point out. The testimony of former Detectiv. Lieutenant Joseph I). Woolrldge be fore the grand jury Indicated that Un report which he submitted to Inspectoi McLaughlin and which was taken int ) consideration by Judge Hosalsky In sentencing Hrandt was framed before Woolrldge was assigned by McLaugh lln to find out If Brandt had a crimi nal record. Woolrldge. testified that he got the assignment on April 1, 1007 tlnee days before Brandt was commit ted to Clinton prison. But the records of the police department contained a letter from Howard S. Guns written to Inspector McLaughlin on March 'M. HI07, In which Mr. Cans outlines the character of the report desired and ox presses confidence that he could get a postponement of sentence from Judge Hosalsky. It was Woolridge's testimony that brought out the nnnouncenient that In dlctments for conspiracy will come out of the grand jury investigations. He was asked to tell all he knew about the report that he read to Judge Ho salsky on April 4, 11)07 the report that said that Brandt had been dismissed by six employers for dishonesty before he got a Job with Mortimer L. Schlff. Woolrldge lulmltted outright that, so far as lie was concerned, the report was untrue. JEFF WOULD COME BACK. Former Champion May Decide to Fight Johnson Again. New York, Feb. 1.". In a signed stu:' ! tueiit wired from Los Angeles James .1 Jeffries Intimates that he may decide to return to the ring for nnother bailie with Jack Johnson. He doesn't saj outright that he will fight again, but hints enough to create the belief that he Is seriously thinking of It. Jeff Intimates that if he should ha, pen to whip Johnson the public woul l regai!! it as a fake. Furthermore, he repeats the assertion that before the battle, so called, at Heno somebody put drugs In his teacup. In a word, Jeff appeared to be feeling the pulse of the sporting public with the Idea of learn ing whether It will fall for another championship between the negro and himself. OTTO H. KAHN SILENT. Won't Say Whether He Will Live In ' England In the Future. I New York, Kelt. lfi.-Otto II. Kahn. who has been an active member of the firm of Kuhn, Loeb & Co. since 181)7 and one of the twelve young men named by Thomas F. Hyan as future kings of American finance, returned 1 from Kuropo on the Olympic. I Mr. Kahn und the members of his firm have refused to make any state ment concerning the reports thnt he would give up his American connec tions nnd live In Kngland. entering pol itics there. Growth of the Farm. We notlco the Jokvs about farmers grow lesB For the farmer himself has Brown smart, as you Kuess, And he prows bigger crops by a very Cleat deal, Bo he Brown rather wealthy and buys a 'mobile. THE NORTHWESTERN MUTUAL OF MILWAUKEE, WIS.' Agency at llonesdale, Wayne Co., Pa. UTIOU THH CM ANNUAL rtEPOIlT. Total admitted assets , t m mi ya tr. Total Insurance In force ............ 1 osozra 7ns'no Total number policy-holders ................ ' 'Ja'Jsioo New lnsurnr.ee Reported and paid for In 1910 118 78S03SOO Increase In Insurance In force over 190 67 ?4oWw Total Income for 1910 ' ' bi ots'rm'h Total payment to policy-holders 32Wxm'm Hallo of expense and taxes to Incom 1171 per 'cent rot! WILL MAKE NO MISTAKB IF TOU INSUMR WITH P H. A. TINQLEY, Agent. HONESDALE, PA. THIS and THAT w HERE one man gets rich through hazarous speculation a hundred get POOR, The wise man chooses e better plan and places his money in HONESDALE DIME BANK, Honcsdale, Pa. 'o Close Out Short Ends. Dress Goods, Ribbons, Laces also a lot of Single Tailor Skirts Long Coats and Chi ren's Winter Garments. An K I Ew It I A I A KVKnPr'rKA IlliPWIfUli Mil. Hill- J AND foissiiei Underwear To make room for our out single lots ENNER & CO. CLUBBING If you are a subscriber of any Scranton Daily or if you want a daily with your home paper, subscribe for The CITIZEN while this offer lasts. The Citizen and The Scranton Truth - -The Tribune-Republican The Scranton Times - - You save 1 dollar by taking both, The regular price for both papers Is $4.50. NUF SED 'iiiiiiitHHiiiiiiHititnHiiiiinmiiiitiiiimit LIFE INSURANCE COMPANY w HERE one man slays poor by his slow methods of saving, a hundred get RICH. this bank. Silk Wash Goods an Suits Sepamf a up mm m m m w w mm Spring Stock and cleanin after Inventory of BATES , $3,50 a year - 53,50 a year - $3,50 a year At i
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