Contemporary American History, 1877-1913Beard, Charles A. (Charles Austin)
History
Contemporary American History, 1877-1913
Beard, Charles A. (Charles Austin)
United States -- History -- 1865-1921
Mr. Taft approached the trust problem with the pre-conceptions of the
lawyer who believes that the indefinite dissolution of combinations is
possible under the law. His predecessor had, it is true, instituted many
proceedings against trusts, but there was a certain lack of sharpness in
his tone, which was doubtless due to the fact that he believed and
openly declared that indiscriminate prosecutions under the Sherman law
(which was, in his opinion, unsound in many features) were highly
undesirable. Mr. Taft, on the other hand, apparently looked at the law
and not the economics of the problem. During Harrison's administration
there had been four bills in equity and three indictments under the
Sherman law; during Cleveland's administration, four bills in equity,
two indictments, two informations for contempt; during McKinley's
administration, three bills in equity. Mr. Roosevelt had to his record,
eighteen bills in equity, twenty-five indictments, and one forfeiture
proceeding. Within three years, Mr. Taft had twenty-two bills in equity
and forty-five indictments to his credit.
The very vigor with which Mr. Taft pressed the cases against the trusts
did more, perhaps, to force a consideration of the whole question by the
public than did Mr. Roosevelt's extended messages. As has been pointed
out, the members of Congress who enacted the Sherman law were very much
confused in their notions as to what trusts really were and what
combinations and practices were in fact to be considered in restraint of
trade.[82] And it must be confessed that the decisions and opinions of
the courts, up to the beginning of Mr. Taft's administration, had not
done much to clarify the law. In the Trans-Missouri case, decided in
1897, the Supreme Court had declared in effect that all combinations in
restraint of trade, whether reasonable or unreasonable, were in fact
forbidden by the law, Justice White dissenting.[83]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account