State of the Union AddressesTaft, William H. (William Howard)
History
State of the Union Addresses
Taft, William H. (William Howard)
Presidents -- United States -- Messages; United States -- Politics and government -- Sources
Objection was made by certain independent tobacco companies that this
settlement was unjust because it left companies with very large capital in
active business, and that the settlement that would be effective to put all
on an equality would be a division of the capital and plant of the trust
into small fractions in amount more nearly equal to that of each of the
independent companies. This contention results from a misunderstanding of
the anti-trust law and its purpose. It is not intended thereby to prevent
the accumulation of large capital in business enterprises in which such a
combination can secure reduced cost of production, sale, and distribution.
It is directed against such an aggregation of capital only when its purpose
is that of stifling competition, enhancing or controlling prices, and
establishing a monopoly. If we shall have by the decree defeated these
purposes and restored competition between the large units into which the
capital and plant have been divided, we shall have accomplished the useful
purpose of the statute.
CONFISCATION NOT THE PURPOSE OF THE STATUTE.
It is not the purpose of the statute to confiscate the property and capital
of the offending trusts. Methods of punishment by fine or imprisonment of
the individual offenders, by fine of the corporation or by forfeiture of
its goods in transportation, are provided, but the proceeding in equity is
a specific remedy to stop the operation of the trust by injunction and
prevent the future use of the plant and capital in violation of the
statute.
EFFECTIVENESS OF DECREE.
I venture to say that not in the history of American law has a decree more
effective for such a purpose been entered by a court than that against the
Tobacco Trust. As Circuit judge Noyes said in his judgment approving the
decree:
"The extent to which it has been necessary to tear apart this combination
and force it into new forms with the attendant burdens ought to demonstrate
that the Federal anti-trust statute is a drastic statute which accomplishes
effective results; which so long as it stands on the statute books must be
obeyed, and which can not be disobeyed without incurring far-reaching
penalties. And, on the other hand, the successful reconstruction of this
organization should teach that the effect of enforcing this statute is not
to destroy, but to reconstruct; not to demolish, but to re-create in
accordance with the conditions which the Congress has declared shall exist
among the people of the United States."
COMMON STOCK OWNERSHIP.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account