Norwich Bulletin Newspaper, January 8, 1910, Page 11

“TOLLAND COUNTY. ELLINGTON Ladies’ Benevolent Society Has Supper —Kitchen Shower—Will Become Trained Nurse. The Ladies' Benevolent society beld supper and social in the lecture roum las- Friday evening. The East Side circle enjoved a & per at the home of Mr. and Mrs. v+t Davis on Friday evening. A jolly tline was the report. Mrs. Mehlon Hayward has retarne cm spending a week in Bos:n w husband. . Nangie and Miss Cora Raagle, John Miller, Mrs. Arthur Pcase, he Misses Morris took part in he Messiah” which was given in Rockville last Sunday evening he schools will reopen on J>niay. Mr. Burke has moved his iam:ly to Kapperschmidt farm, which he re- ntly purchased. Shower for Miss Marks. D. E. Jomes gave a kitchen er in honor of Miss Grace Marks, »se engagement was announced i:st mer. Miss Marks is a member cof Mrs. Jones' class in Sunday school oud <he whole class wae invited. Farewell Party. Bunice Kibbe entertained a feiv iast Thursday afternoon. It given as sort of & goodbye party +o Miss May Hathaway, who leaves rext week to study for a irained nurse. The Next Town Clerk. Much interest is manifested in town over the decision as to who town clerk. The voting was nsidered legal, as the election day nly advertised for four days in cal paper and the law reiaires FEN the will not Personals. Arthur D. Hale is clerk for F. harter, as Fred Adams is on th again. ari Nicholson and Tells were married last Saturdey in Mart- tord The farmers are taking £ the fce crop. It is about ‘en thick. Bd Powell of Bridgeport spent New Teers at Otto Powell's. Tsasc Nicholson has put up a w ing station at Morris Corner which will be greatly appreciated. BOLTON Recognition Meeting of County Mini ters—New Teacher—84th Birthday. A_recognition meeting of ministers of Tolland county was held at the Congregational church Saturday, Jan. first Rev. T. E. Davies of Hartford occu-— pled the puipit Sunday in the abssnce of the pastor, Rev. James H. arts, who returned to Hartford after the on_wervice Saturday on ac- of the critical condition of his mother. Mise Ella G. Prouty. who taught the fali term in the Birch Mountain district and to accept a position in been succeeded by Cchen of Hartford. Frances E. Ruggles ieft Thurs- day for Springfield, Mass. From there she goes to Indlanapolis to visit her misce, Mrs. L. H. Levey. Mrs. John W. Massey was assisted by neighbors and relatives in passing her $4th birthday pleasantly Dec. 30th. Otto Weirauch, who has been living with his eister, Mrs. -Charles A. Lee, since August, returned to his home in New York last week. STAFFORDVILLE James Tobin of Meriden recently wisited local relatives. Mrs. William Chandler and daughter, Mildred, were guests of Mrs. H. C Barlow and Mrs. Willlam Taylor in South Coventry, recently. M. H. Holloran and family have moved into the west tenement of J. sif H._McCarthy’s double house, on the ®ack road. Mr. and Mrs. E. Chamberlin, who have been local residents for sev- eral years, but moved to Springfield a few monthe ago, returned to Staf- fordvill® with their household goods iast Monday. and have moved into the east tenement of J. H. McCarthy's double house. EAST WILLINGTON Active Woodchopper at 85. L. Ingalis had an exciting time tak- fng his automoblle Monday from Brooklyn to Norwich to be stored, paintad and repaired Albert Watrous remains feeble. Mrs. Baldwin's daughter, Mrs. De Young, has' had Christmas greetings from Sylvanus Stall, whose books en- eircie the globe. Whitman Wiison. who Is over S5 has chopped at the door all 1 for two fires. TURNERVILLE. Personal News of the Week. years o the wo! Miss Minnie Slater spent New Year's with her parents in Middletorn. Mrs. T. R. Prentice and children have returned from a week's visit with rel- stives in Stafford Springs. Mr. and Mrs. D. F. Jaquith spent the week end with the latter's parents in South Coventry. Wilitlam Blythe of Hartford Is em- Bloved st D. F. Jaquith's blacksmith 0. Grip s prevalent in this village, there ing a number of families 3o afitict- SOUTH COVENTRY Miss Nellie Adbertui left Tuesday for ¥ew York city where she wil study rocai cuiture. The meeting of the Congregational shurch will be held next Monday eve- ring. The poles have been set in place »oout the village for electric lighting drivate residences. J. A- Dady’s silk mill has been closed lor an’ indefinite period. WASHINGTON COUNTY, R. I. ROCKVILLE Officers and Committees Elected by C. E. Society—Iil With Meas! At the regular meeting of the Y. F. 8 C_E. Saturday afternoon the fol Jowing officers mnd comnrittees were #lected for the coming vear: Presi- t. Carlton Irish: vice president, Lottie Burdick; recording sec- retary. Mrs. Esteila Crandall: corre- #ponding secretary. Mrs. Lyra Irish. treasurer. George V. Crandall. Prayer meeting committee, Mrs. Lare Irish. Mrs. Estella Crandall. Miss Eva Palmer: lookout committee, Har- oid R Miss Lottie J. Bur- x : music com- Annte Miss Lena Miss Paimer; flow- Ada Woodman- mee ‘Barber, Miss Eiva ‘Woodmansee: social and literary, D. Alva Crandall -Harold Crandall. Personals. ér of Providence has home “from a visit with relatives in Niantic. Miss Elva Woodmansee Is ill with measles. Mrs, Mary F. Burdick and daughter, Miss Jennie Burdick, went to West- erly Tuesday to attend the funeral of the infant daughter of Mr. and Mrs. Clarence Burdick. Eatess HOPKINTON Taxation Question Postponed at Spe- cial Town Meeting—Annual Meeting of Baptist Church—Other Interests. The special towr meeting of the tax paying electors of| Hopkinton held on Thursday afternoon, December 30, was attended by only about .25 person: The question set forth in the petition. calling for the meeting was. Wil the town of Hopkinton, R. L, exempt from taxation for a period Of ten years-the amount which may 'he invested by any person or corporation of not less than twenty-five thousand dollars over and above the present tax valuation of the property on which they may lo- cate, providing such plant or industry does not conflict or come in competi- tion with any other plant or industry now established in said town of Hop- kinton? The petition was referred to the next financial town meeting for such action as may be deemed best and proper. This disposition of seemed advisable, as the cold and the «condition of the roads prevented a suf- ficient number of taxpayers gathering 2s a representative body to take defi- nite action upon the premise at this meeting. The eunual financial town meeting will be held in the afternoon of May 27 next. Seventh-Day Baptist Church. The annual meeting of the Second Seventh-day Baptist church of Hop- kinton was held in their house of worship Sunday, After brief prelim- inary exercises ‘at the morning ses- sion, which was public, a_praise serv- e of song was led by Deacon Elwin the question a3 E S Cra ‘A. Kenyon. This was followed by & rvice of praver opened by ‘Rev. E. P. Mathewson of the First-day Bap- st church; he was followed in prayer by the four deacons of the church. . A paper was read by Miss Rotha W. Lewis on the subject, Our Young Peo- ple and the Church. During this ses- sion a duet and chorus sang The Best Friend Is Jesus. Miss Essie I Ken- yon sang the soprano and Miss Della Wilcox the alto. A basket lunch was Sserved in the church at the noon hour and the husiness session opened -+ 2 o'clock p. m. Quarterly Meeting of School Commit- et The quarterly meeting of the school gommittes was held in the town hall Monday morning with the chairman and superintendent present. The su- [perintendent read his quarterly report. Daniel E. Blake was appointed to take the census of achool children in Hop- kinton in January. One bill of $7.60 was ordered paid. 5 Daniel Blake Appointed Health Officer. The _town council met in the after- noon Monday with all thermembers present. Daniel E. Blake was appoint- ed health officer and also to take cen- sus of births and deaths for the year 1869. Frank W, Crandall was appoint- ) inspector and Benjamin Kenvon was appointed appraiser -of personal property on town farm. Bills were ordered paid to the amount of $413.65. Probate Court Session. At _the session of the probate court Monday_afternoon the account of Vi- ola M. Burdick, guardian of her mi- nor son, George L. Burdick, was al- lowed and ordered recorded. The inventory of the unadminister- ed estate of the late George H. Nich- ols was received and ordered recorded. Took Bowditch Prize at Harvard. Russell Adams Wells, son of Dr, A. L. Wells of Boston, whose grandfa- ther was Augustus L. Wells, late of this town, deceased, took recéntly the Bowditch prize for academic distinc- tion in Harvard university. Rev. P. Mathewson and family were in Westerly Tuesday. USQUEPAUGH Matters of Personal Mention. Mrs. Fannie Bicknell is visiting her niece, L, K. Crandall of Westerly. Mrs. Stephen Brown of Greene is visiting at Dr. Kenyon's. ra Webster spent Sunday with her parents here in the village. Amos H. Kenyon, Annie Kenyon and Helen Lamond have resumed their studies at Rhode Island college, hav- ing_had a short vacation. red Webster is working for Eugene Wilcox at West Kingston. Mrs. I. M. Kenyon and daushter Annie visited Providence Monday. Mrs. Mary McConnors visited in Providence several days last weelk. Mr. and Mrs. L. K. Crandall ef Westerly visited a few days with the latter's parents last weel ARCADIA Items of Local Interest. Perry Bates, who has been ill some time, remains about the same. Frank Barber is visiting relatives and friends in the Pawtuxet valley villages. Genaya Hadfield visited her Benjamin Albro of Hope Willard Kenyon is Jil. ander Barber is visiting her rd C. Barber of New York. George B. Reynolds and fam- i the Toliday with relatives ily_enjoy and friends at Lafayette, R. 1. CHAPMAN AND ALEXANDER May Come to Bridgeport to Conduct Eevangelical Meetings. There are probably no gerater evan- gelists _conducting revival campaigns foday than Dr. Wilbur Chapman and Mr. Alexander, says The Bridgeport Telegram. They have just returned from a world tour in which they held 20 campaigns with astonishing succees. In Australia the leading officials of the government were active workers and the crowds were too great to find room in the largest halls, Several times the evangelists spoke and sung to ten thou- sand people and to fifteen thousand more than once. Tt is known that correspondence has been carried on for some months with a view to a great union campalgn in Bridgeport under these wonderfully successful m Nearly all the minis- ters of the city and several in the su- burban towns has joined in an invi- tation. There is now much encour- agement to believe that, if there is a practical unity in the call we may have thé evangelists at the last part of 1910. Up to November, 1910, their time is pre-empted. Several cities are press- ing for the open time before 1911, but assurances have come that give the ministers good hopes in the matter. Immediate efforts will be made to se- cure those who have not yet assented to the call, so that nothing may be wanting. Hasn’t Missed One. Whereas Alexander sighed for more worlds to_conquer, Mr. Wu goes back to China discouraged because there are no more guestions to ask.—Omaha Bee. Use for the Marine: : The war department might detail a few nundred marines to suppress the belligerency of Ballinger and Pinchot. —Pittsl te-Times. ‘defense of its orders and decrees.| portant Laws Urged. - Washington, Jan. 7.—President Taft sent to congress the following special message on the proposed amendments to the interstate commerce and anti- trust lnws To the Senate and House of Represent- atives: : 1 beg to submit to you certain recom- mendations as to the amendments to the interstate commerce law and cer- tain considerations arising out of the operations of the anti-trust law sug- gesting the wisdom of federal incor- poration of industrial companies. Interstate Commerce Law. In the annual report of the interstate commerce commission for the year 1908 attention 1s called to the fact that be- tween July 1, 1908, and the close of that year sixteen suits had been begun to set aside orders of the commission (besides one commenced before that date) and that few orders of much consequence had been permitted to go without protest In twelve of the cases referred to, it was stated, pre- liminary injunctions were prayed for, being granted in six and refused in six. Ot course every carrier affected by an order of the commission has a con- stitutional right to appeal to a federal court to protect it from the enforce- ment of an order which it may show to be prima facie confiscatory or un- Justly discriminatery in its effect, and as this application may be made to a court in any district of the United States not only does delay result in the enforcement of the order, but great uncertainty is caused by contra- riety of decision. It would not be proper to attempt to deprive any cor- poration of the right to the review by a court of any order or decree which, if undisturbed, would rob it of a rea- sonable return upen its investment or would subject it to burdens which would unjusuy discriminate against it and In favor of other carriers similar- ly situated. What is, however, of su- preme importance is that the decision of such questions shall be as speedy as the wature of the circumstances will admit and that a uniformity of decision be secured. For this purpose 1 recommend the establishment of a court of the United States composed of five judges desig- nated for such purpose from among the circuit judges of the United States, to be known as the “United States court of commerce,” which court shall be clothed with exclusive original juris- diction over the following classes of case: First.—All cases for the enforcement, otherwise than by adjudication and collection of a forfeiture or penalty or by infliction of criminal punishment, of any order of the interstate commerce commission other than for the payment of mouey. , Second.—All cases brought to enjoin, set aside, annul or suspend any order or requirement of the interstate com- merce cgmmission. Third.—All such cases as under sec- tion 3 ‘of the act of Feb. 19, 1903, known as the “Elkins act,” are au- thorized to be maintained in a circuit court of the United States. Fourth.—All such mandamus pro- ceedings as under the provisions of section 20 or section 23 of the inter- state commerce law are authorized to be maintained in a circult court ofythe United States. in order to provide a sufficient num- | ber of judges to enable this court to be constituted, it will be necessary to authorize the appointment of five ad- ditional circuit judges. Abnual com- pensation of $10,000 should be pro- vided. Review by the Supreme Court. The regular sessions of such court should be heid at the capital, but it should be empowered to hoid sessions in different parts of the United States if found desirable, and its orders and judgments should be made final, sub- ject only to review by the supreme | court of the United States, with the provision that the operation of the de- cree appealed Trom shall not be stayed unless the supreme court shall so or- der. The commerce court should be empowered In its discretion to restrain or suspend the operation of an order of the interstate commerce commis- slon under review pending the fina: hearing and determination of the pro- ceeding, but no such restraining ordet should be made except upon notice and after hearing unless in cases where irreparable damage would oth- erwise ensue to the petitioner. A judge of that court might be empowered to allow a stay of the commission’s or- der for a period of mot more than sixty days, but pending application to the court for its order or injunction, then only where his order shall con- tain a specific finding, based upon evi- | dence submitted to the judge making the order and identified by reference thereto, that such irreparable damage would result to the petitioner, specify- ing the nature of the damage. Under the existing law the inter- state commerce commission itself In- itiates and defends litigation in the courts for the enforcement or in the In my opinion, all litigation affecting the government should be under ghe direct control of the department of Justice. Agresment on Rates. The subject of agreements between carriers with respect to rates has been often discussed in congress. Pooling errangements and agreements were condemned by the general sentiment of the people, and under the Sherman anti-trust law any agreement between carriers operating in restraint of inter- state or international trade or com- merce would be unlawful. I see no reason why sgreements between car- riers subject f the act specifylng the classifications of freight und the rutes, | date of such proposed increase for a fares and charges for transportation of passengers and freight which they may | agree to establish should not be per-- On Interstate Commerce and Tmsh—"ét Power M—Wfl‘w Scope of Commission’s Work—For Federal Incorporation—Radical C[P"bin Two [m- mitted, provided coples of ments be promptly filed ¥ mission, but subject to all visions of the interstate commerce and subject to the right of any to such agreement to cancel it all or any of the rates, charges or classifications by thirty days’ motice In writing to the other parties and to the commission. Much complaint is made by shippers over the state of the law under which they are held bound to know the legal rate applicable to any proposed ship- ment without, as a matter of fact, _baving any certaln means of actualy ascertaining such rate. 1 think that the law should provide that a carrier, upon written request by an Intending shipper, should quote in writing the rate or charge applicable to the pro- posed shipment under any schedules or tariffs to wi such carrier is a party and that if the party making such request shall suffer damage In consequence of either refusal or omis- sion to quote the proper rate or in con- sequence of a misstatement of the rate the carrier shall be liable to a penaity in some reasonable amount, say $250, to accrue to the United States and to be recovered in a civil'action brought by the appropriate district attorney. Under the existing law the commis- sion cam act only with respect to an alleged excessive rate or unduly dis- criminatory practice by a carrier on a complaint made by some individual affected thereby. 1 see no reason why the commission should not be author- ized to act on its own initiative as well as upon the complaint of an individual and also that the com- mission shall be fully empowered be- yond any question to pass upon the classifications of commodities ‘for pur- poses of fixing rates, in llke manner as it may now do with respect to the maximum rate applicable to any trans- portation. Publie Pays Inoreased Rates. Under the existing law the commis- sion may not investigate an Increase in rates until after it shall have be- come effective. On the other hand, if the commission sball make an order finding that an existing rate is excess- ive and directing it to be reduced the carrier affected may by proceedings in the courts stay the operation of such order of reduction for months and even years. It has therefore been sug- gested that the commission should be empowered, whenever a proposed increase in rates is filed, at once to en- ter upon an Investigation of the rea- sonableness of the increase and to make an order postponing the effective date of such increase until after such investigation shall be completed. To this much objection has been made on the part of carriers. They contend that this would be, In effect, to take from the owners of the rail- roads the management of their prop- erties and to clothe the Interstate com- merce commission with the original rate making power, a policy which was much discussed at the time of the pas- sage of the Hepbura act in 1905-6 and which was then and has always been distinetly refected. ] ‘They point to the provision of the in- terstate commerce act providing for restitution to the shippers by carriers of excessive rates charged in cases where the order of the commission re- ducing such rates are affirmed. it may be doubted how effective this remedy really' is. Experience bhas shown that many, perhaps most. ship- pers do not resort to proceedings to recover the excessive rates which they may have been required to pay, for the simple reason that they have add- ed the rates paid to the cost of the goods and thus enhanced the price thereof to thelr customers and that the public has in effect paid the bill. Iimpossible to Supervise Tariffs. On the other hand, the enormous vol- ume of transportation charges, the great number of separate tariffs filed annually with the interstate commerce commission, amounting to almost 200,- 000, and the impossibility of any com- mission supervising the making of tariffs in advance of their becoming effective on every transpertation line within the United States to the extent that would be necessary if their ac- tive concurrence were required in the making of every taritf have satisfied me that this power, if granted, should | be conferred in a very limited and re- stricted form. I therefore recommend that the interstate commerce commis- sion be empowered, whenever any pro- posed increase of rates is filed, at| once, either on eomplaint or of its own motion, to enter upon an investigation into the reasonableness of such change and that it be further empowered In its discretion to postpoue the effective period not exceeding sixty days be- yond the date ww rate would take effect. If n this time it shull determine that such increase Is unreasonable it may then by its order either forbid the increase at all or fix the maximum beyond which it shall not be made. If, on the other hand. at the expiration of this time the commission shall mot have com- pleted its investigation, then the rate shall take effect precisely as it would under the existing law, and the com- mission may continue its investigation. Shipper to Have _hoice of Routes. 1 know of mo reason why a shipper should not have the right to elect be- tween two or more established through routes, subject. however, in the exer- cise of this right to such reasonable regulations as the interstate commerce commission may prescribe. 1 recommend that the law shall be amended s0 as to provide that from aud after the date of its passage no rallroad company subject to the Inter- state commerce act shall, dlrectly or indirectly, acquire any interests of any kind In capital stock or purchase or lease any raiiread of any other corpo- ration which competes with it respect- 'h the interstate pplies. But especially of the minority stock- securing to them the best stock 1 recommend such prohibition be coupled with proviso that it shall not operate to corporation which at the passage of such act shall than one-half of the en- and outstanding capital “of any other rallroad company from acquiring all or the remainder of road of any other corporation under lease, executed for a term of not less than twenty-five years, from acquiring the reversionary ownership of the de- mised railrond, but that such provi- sions shall not operate to authorige or validate the acquisition, through stock ownership or otherwise. of a compet- ing line or interest therein in violation of the anti-trust or any other law. “Watering” of Hailread Stock. 1 recommend the enactment of a law providing that mo rallroad corporation subject to the Interstate commerce act shall hereafter for any purpose con- nected with or relating to any part of its_business governed by said act issue any ecapital stock without previous or simultaneous paywent to It of not less than the par value of such stock or any bouds or other obligations (except notes maturing not more than one year from the date of thelr issue) without the previous or simuitaneous payment to such corporation of not less than the par value of such bonds or other obli- gations, or, if issued at less than thelr par vaiue, then not without such pay- ment of the reasonable market value of such bouds or obligations as ascer- tained by the Interstate commerce com- mission, and that no property, services or other thing than money sball be taken in payment to such carrier cor- poration of the par or other required price of such stock, bond or other ob- ligation except at the fair value of such property, services or other thing ascertained by the commission, and that such act shall also contaln provi- sions to prevent the abuse by the im- provident or improper issue of notes maturing at a perfod not exceeding twelve months from date in such man- ner as to commit the commissien to the approval of a larger amount of stock or bonds in order to retire such notes than should legitimately. bave been re- quired. Such act should also provide for the approval by the imterstate commerce commission of the amount of stock and bouds to be issued by any railrond ~ompauny subject to this act upon any reorganization pursuant to judicial sale or other legal proceedings in order to prevent the issue of stock and bonds to an amount in excess of the fair value of the property which is the sub- ject of such reorganization. In additica to the foregoing amend- ments of the interstate commerce law, the interstate commerce commission should be given the power, after a hearing, to determine upon -the uni- form construction of those appliances used by the trainmen in the operation of trains the defects gad lack of uni- formity in which are apt to produce accidents and Injuries to railway train- men. ‘The question has arisen in the oper- ation of the intesstate commerce em- ployers’ liabllity act as to whether sult can be brought against the em- ployer company iu any place other than that of its home office. Process in such suit should be sufficiently serv- ed if upon the station agent of the company upon whom service is au- thorized to be made in ordirary ac- tions arising under state laws. Anti-trust Law and Federal Incorpora- R tion. The increase in the capital of a busi- ness for the purpese of reducing the cost of uction and effecting econ- omy in the management has become 2as essential in modern progress as the change from the hand tool to the ma- chine. When, therefore, we come to construe the object of congress in adopting the so called “Sherman anti- trust act” in 1880, whereby in the first section every contract, combination in the form ef a trust or otherwise o conspiracy ii restsaint of interstate ot foreign twade or commerce is con demned as unlawful and made subject to indictment and restraint by injunc tion and whereby in the second sec tion every mogopoly or attempt to mo nopolize and every combimation o conspiracy with other persons lo mo nopolize any part of interstate trude and made subfect to similar puuish ment or restraint, we must infer tha! the evil aimed at was mot the wmerc bigness of the enterprise, but it wa: the aggregation of capital and plants with the express or implied intent tc restrain interstate or foreign com- merce or to monopolize it In whole ot in part. A mere incidental restraint of trade and competition is not with in the inhibition of the act. It s possible for the owners of a business of manufacturing and selling useful articles of merchandise so tc conduct their business as nof to vio late the inhibitions of the anti-trust law and yet to secure to themselves the bemefit of the economies of man- agement and of production due to the concentration under ome control of large capital and many plants. If they use no other inducement than the constant low price of their product and its good quality to attract custom and their business is a profitable one, they violate o law. But if they attempt by & use of thelr prepouderating ocapital and by a sale of their goods tempo rarfly at uoduly Iow prices to drive out of business their competitors, ot If they attempt by exclusive contructs with their patrons and threats of non- dealing except upon such contracts or by other methods of a siwmilar char- Aacter (o use the largeness of their re- ~mources and the exteut of their compared with the total out ‘means of compelling custom an ‘ening off competition, then they dis- close a purpose to restrain trade and to establish a monopoly and violate the lct.\ . Economy* .ot Only Effect cf Bigness. L wish to make this distinction as emphatic as possible, because | con- ceive that nothing could happen more destructive to the prosperity of tbis country than the loss of that great economy In production which has been and will be effected in all manufactur- ing linés by the employmeut of large capital under one managemeut. | do mot mean to say that there is nor a Mmit beyoud which the economy of management by the enlargemeut of plant ceases, and where this bappeus and combination coutinues beyound this point the very fact shows intent to monopolize and not to economize. The anti-trust statute was passed io 1890, and prosecutions were soon be- gun uunder it In gar trust case because of the narrow scope of the pleadings the combination sought to be enjoined was beld not to be imcluded withiu the prohibition of the act, because the averments did uot go beyond the mere sonable” statute and then that it should be left to the court to sny what Is a reasonnble restraint of trade, what Ix a reaxonable ‘suppression of competitio reasouable monopoly. | think that this Is to put into the bands of the court & power impossible to exer- cise on any consistent prineiple. acquisition of manufacturing plauts for the refining of sugar and did not include that of a direct and Intended restraint upon trade and commerce In the sale and delivery of sugar across state boundaries and in foreign truds The result of the sugar trust case wa: not happy in that it gave otber com- panies and combinations seeking a similar metlod of making profit by establishing an absolute control and monopoly in a particular line of manu- facture a sense of Immunity sgainst prosecutions in the federal jurisdic- tion, and where that jurisdiction is barred In respect to a business which is necessarily commensurate with the boundaries of the country no state prosecution Is able to supply the need- ed machinery for adequate restraint or punishment. Following the sugar trust decision, however, there have come along In the slow but certain course of judicial disposition cases involving a construe- tion of the anti-trust statuts nd its application until now they seem to embrace every phase of that law which can be practically presented to the American public and to the gov- ernment for action. They show that the antl-trust act has a wide scope and applies to many combinations In actual operation. rendering them unlawful and subject to indictment aud re- straint. All Restraints Farbidden. The supreme court in several of its decisions has declined to read Into the statute the word “unreasonable” be- fore “restraint of trade.” on the ground that the statute applies to all restraints and does pot intend to leave to the court, the discretion to determine what is a reasonable restraint of trad The expression “restraint of trad comes from the common law, and at common law there were certiin cove- naiits incidental to the carrying out of a main or principal contract which were said to be covenants in partial restraint of trade and were beld to be enforcible because “reasonably” adapt- ed to the performance of the main or principal eontract. And under the gen- eral language used by the supreme court In several cases it would seem that even such incidental covenants in restraint of interstate trade were with- In the inhibition of the statute and must be condemned. in order (o avoid such a result, I bave thought and said that it might be well to amend the statute 5o as to exclude such cove- nants from its condemnation. A close examination of the later decisions of the court, bowever, shows quife clear- Iy in cases presenting the exact ques- tion that such incidental restraints of trade are bLeld not to be within the law and are excluded by the general statement that to be within the stat- ute the effect upon the trade of the re- straint must be direct and mot merely incident or indirect. The necessity, therefore, for an amendment of the statute so 24 10 exclude these inciden- tal and beneficial eovenants in re- straint of trade beld at commion law to be reasonable does uot exist. The opinions of the supreme court exclude from the operation of the act contracts affecting Interstate trade in but u small and Incidental way and apply the statute only to the real evil aimed at by cougress. The statute has beeu on the statute book now for two decades, and the supreme court In more than a dozen opinious has construed it in applica- tion to various phases of business binations and in reference to various subjects matter. The value of a statate which is rendered more and more certain fn its meaning by & se- ries of decisions of the suprgme court furnishes a strong reason fOr leaving the act as it is to accomplish Its usetul purpose. | Itis the duty and tbe purpose of the | executive to direct an lnvestigation by | the department of justice through the grand jury or otherwise futo the bis- tory, organization and purposes of all the industrial compantes with respect to which there Is auy reasonable | ground for suspiclon that they have been organized for a purpose and are conducting business on a plan which is in violation of the anti-trost faw. But such an investigation -and possi- ble prosecution of carporations whose prosperity or destruction affects the comfort not ouly of stockholders. but of millions of wage earners. employces and associated tradesmen. nust neces- | sarily tend to disturb the coufidence of the business community, to dry up the now flowing sources of capital from its places of hoarding and produce A halt in our present prosperity that will cause suffering and strained cirenm- stances among the Innoceut many. for the faults of the guilty few. Federal Chartor Justified. Generally v the lndustrial combina- tions called “trusts” the priveipal busi- uess is the sale of goods in many states and In forelgn markets—in other words, the loterstate and forelgu busi- Dess far exceeds the busivess doge in any ome state. ‘This fact will Jnetfy the federal goverument In grauting & federal charter to such a combination to make and sell jo Mterstate and for- eign commerce the products. 1 evidence of business sagacity and suc- cess and that they were depounced In | But it { licy of the government to prevent It is possible so to frame = Many people conducting great busi nesses have cherisbed a hope avd a bellef that in some way or other a line may be drawn between “good trusts” and “bad trust peclally the business public. onght to rid themselves of the iden that such a Aistinetion is practicable or can be in- trodneed Into the statute under the. present anti-trust such distinction exists. ‘The public. and es- Certainly lnw no 1t bas been however. that the word “rea- should be made n part of the what Is a venture to 1n considering violaiions of (he anti trust law we ought, of course. not to forget that that law makes unlawful methods of carrylug on business which before its passage were regarded as this act not because of thelr Intrinsic immorality, but because of the danger. ous results toward which they tended. the concentration of industrial power in the bands of the few, leading to oppression and injustice. ‘Through all our cousideration of this grave question. bowever. we must jo- | ist that the suppression of competl- tion, the controlling of prices and the monepoly or atterpt to mouopolize In interstate commerce and business a not only unlawful. but contrary to the public good, and 1hat they must be re- strained and punished until ended. Nationa! Incorperation Leaw. 1 therefore recommend the enactient by congress of & general luw providing for the formation of corporations (o engage in trade und commerce wmoNg the states and with forelgn uations, protecting them from undue interfer- ence by the states and regulating their activities, s0 as to prevent the recur- rence under national suspices of tho abuses which have arisen uuder sta control. Such a law should provide for the Issue of stock of such cOrpo- ratjons to an amount equal ouly fo tt cash paid in on the stock, and if tb stock be issued for property then at a fair valuation, ascertained under ap- proval aud supervision of federal au- thority, after a full aud complete dis- closure of all the fo pertaining to the value of such property and the in- terest thereln of the persons (0 whom it is proposed to issue stock in pay- ment of such property. 1t should sub- Ject the real and personal property only of such corporations to the same tax- ation as is imposed by the states with- in which it may be situnted upon otber similar property located therein, and it should require such corporations to file full and complete reports of their operations with the department of coin merce and labor at regular lntervals. Corporatios organized under this act should be probibited from acquiring and bolding stock in other corporations (except for special reasons upon ap- proval by the proper federal author- ity),- thus avolding the creation under national auspices of the holding com- pany with subordiuate corporatious in different states, which bas been such an effective agency in the creation of the great trusts and mouopolies 1t the probibition of the auti-trust act agaiast combinativns in restraint of trade is to be eTectively enforced it is essential that the uatioual govern- ment shall provide for the creation of national corporations. to carry on a legitimate busioess throughout the United States. ‘I'ne consicting laws of the different states of tbe Union with respect to forelgn cerporations make it dificuit 1f pot impossible for one corperation te comply with their re- quirements %0 as to carry on business 10 & Dumber of different states. To the suggestion thar this proposal of federal incorporatien for industrial combinations Is lutended to uish them a refuge in which to continue in- dustrial abuses under federnl protec tion It shonid be sald thet the meas- ure contemplated does not repeal the Sherman anti-trust law and s not te be framed %o as to permit the doing of the wrongs which It is (he purpose of that low to prevent, but only to fos- ter a continuance and advance of the highest industrial efficiency without permitting iudustrial abn: Such a pational mcorporation Inw will be opposed. first, by thome who be- lieve that trusts should be completely broken up and their property destroyed. It will be opposed. second, by those who doubt the constitutionality of such federal incorporation und, even If it i valid. object 10 it us 100 great Tedera! centralization. It will be opposed, third, by those who will fnsist that s mere voluntary incorporation like this will mot attract (o its acceptance the worst of the offenders ugalnst tLe an- ti-trust statute and who will therefore propose instead of it & system of com- pulsory licenses for all federal corpo- rations engaged iu interstate business. Objections Forestalled. Let us cousider these objections in (heir order. The government is now trylng to dissolve some of these com- binatior od It is Dot the intention of the government to desist 1o the least degree in its effort to end those comblnatious which ure todny monop olising the commerce of this country, not and should not be the reasonable concentration of capital Wwhich is necessary to the ecomomic developient of manufacture, trade and cowmierce. If we would maint our present bLusiness supremacy we should give to industrial concerns an opportunity to reorganize and to con- centrate their legitimate capltal lu a federal corperation Secoud, there are those who doubt the constitutionality of such federal lucorporation. The regulation of inter- state aud forelgu cotwmerce s certuli- ly conferred iu the fullest measure upen cougress, aud If for the purpose of secitriug i tbe most thorough mau- corporations would avall them law are wo voluntarily ‘The uttorvey yeneral tion bill attempted to set forth How Many Dollar would you 1909 by Just about half your money Is It Worth While? All Best Teas 25¢1b. The Romantic Winter wion, ewbrucing the and ' the Co & can wee, lonath of Loplesat the AGWT Ton: Bureas, AGW! Livies, 29 Brosdway, New York or an, rAlLROAD ner that kisd of regulation cougress shall jusiet that it may srovide asd 1 manufacture under such limitations as | suthorize certaln agencles to carry on will secure a compliance with the anti- trust law. statute that, while it offers protection to a federn] company agalost harmful, vexatious aud unoecessary Invasion by the states. it shall subject It to remson- able taxation and control by the states with respect to purely local business. that commerce jt would seem o be within its power. Unetly afirmed with sespect to raib road compnub business aud interstate bridges. The power of ficorporation has been ex- erclsed by congre: supreme o then, with respect to any other form of interstate commerce, like the sale of goods across state bousdaries asd tuto forelgn commer: power not bo asserted ? Kven those who are willlng to eo cede thut the supreme court mny taln such federsl incorporation are in clined to oppose it ou the ground of its tendency to the enlurgement of the This has been dle dolng an Iedetwiate and upbeld by the urt fu this regard. Why, may the sam pow r at the expense of the power of the states. It s a sufclent answer 10 .thls axgument to say that other method can be suggested which offers federal protection om thé one hand and close federn| superviston on the other of theme great orgmmive: tions that are in faet 1 becausn they are as wide ns th untry and are entirely unlimited |u thelr business by state lines. Nor Is the cemtraliza tion of federal power nader this met likely to be excessive. Only the lnrgest Ives of burden of law, because the complete federsl supervision and cop trol that must cert accomplish th poration would not be accepted by s ordinary busines The third objection offenders will nc corporation decrees of injunetion recently adepisd nly be imponed b of the tmeok purpose coucern that neeept the wormt 1 s e fed Is ensily answerod in prosecntions under the anti-tromt thorough und wweepis, that the corporations affected by thess bave but three courses before (hem they must resolve themmselves into their component parts in the (i ferent states, With u conseqoent loss 4 themselves of capital aud effective or ganization und o the eouutry of con centruted energy and eoterprise; or Second, In defiance of law and e some secret trust they must i tewpt to continue thelr business o vio Iation of the federal wtatute and thuw tbe peoulties of contewpt anf briug ou an inevitable criminal prosd cution of the individuals named in the decree and their associates; or Third, they mOst reorganine cept in good faith the federn suggest. License Law Unrecessary. A feders) compulsory llcemse law urged as a substitute for o foderal corporation Inw, s unnecessary exe veach thut kind of corporat by virtue of the considerations already advanced, will take advantag of an Incorperation law while the other state corporations d ing an interstate business do not nee the supervision or the regulation of license and would only be un sarlly burdened thereby sy drafted n f embodying the WILLIAM H. 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