Standard Oil Company; Trusts, Industrial -- United States
will be of a new type--corporate Cæsars.
For those who like the perpetual motion of a debate in which neither
of the disputants is looking at the same side of the shield, there are
infinite satisfactions in the current controversy as to whether there
is any such thing as "monopoly." "There are none," says one side.
"They are legion," says the other. "The idea that there can be such a
thing is absurd," says one, who with half a dozen associates controls
the source, the price, the quality, the quantity of nine-tenths of a
great necessary of life. But "There will soon be a trust for every
production, and a master to fix the price for every necessity of
life," said the Senator who framed the United States Anti-Trust Law.
This difference as to facts is due to a difference in the definitions
through which the facts are regarded. Those who say "there are none"
hold with the Attorney-General of the United States and the decision
he quotes from the highest Federal court which has yet passed on this
question[1] that no one has a monopoly unless there is a "disability"
or "restriction" imposed by law on all who would compete. A syndicate
that had succeeded in bottling for sale all the air of the earth
would not have a monopoly in this view, unless there were on the
statute-books a law forbidding every one else from selling air. No
others could get air to sell; the people could not get air to breathe,
but there would be no monopoly because there is no "legal restriction"
on breathing or selling the atmosphere.
Excepting in the manufacture of postage-stamps, gold dollars, and a
few other such cases of a "legal restriction," there are no monopolies
according to this definition. It excludes the whole body of facts
which the people include in their definition, and dismisses a great
public question by a mere play on words. The other side of the shield
was described by Judge Barrett, of the Supreme Court of New York. A
monopoly he declared to be "any combination the tendency of which is
to prevent competition in its broad and general sense, and to control
and thus at will enhance prices to the detriment of the public.... Nor
need it be permanent or complete. It is enough that it may be even
temporarily and partially successful. The question in the end is, Does
it inevitably tend to public injury?"[2]
Those who insist that "there are none" are the fortunate ones who came
up to the shield on its golden side. But common usage agrees with
the language of Judge Barrett, because it exactly fits a fact which
presses on common people heavily, and will grow heavier before it grows
lighter.
The committee of Congress investigating trusts in 1889 did not report
any list of these combinations to control markets, "for the reason
that new ones are constantly forming, and that old ones are constantly
extending their relations so as to cover new branches of the business
and invade new territories."
Public-domain text, read in full here on John Shaqi.
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