At first sight it might look as if this movement would be really

sympathetic to the American people in general. The love of size

generated in the nation by the lavishness of nature must welcome this

consolidation of interest, and the strong spirit of self-initiative

claiming the right of individuals to unite and work together must surely

favour all sorts of co-operation. As a fact now an opposite tendency

operates, which after all springs from the same spirit of

self-initiative. The freely acting individual must not be prevented by a

stronger force from using the strength he has. Everything which excludes

free competition and makes the individual economically helpless seems

immoral to the American. That is old Anglo-Saxon law.

The common law of England has at all times condemned agreements which

tend toward monopoly, and this view dominates the American mind with a

force quite surprising to the European who has become accustomed at

least to monopolies owned by the state. The laws of almost all the

separate states declare agreements tending toward a monopoly to be

illegal; and federal legislation, in its anti-trust measures of 1887 and

1890, has seconded this idea without doing more than formulating the

national idea of justice. The law of the country forbids, for instance,

all agreements looking to the restriction of trade between different

states of the country or with foreign nations. Senator Foraker, in

February, 1904, called down public displeasure by proposing a law which

permitted such agreements restricting commerce so long as the

restriction was reasonable. It was feared at once that the courts would

think themselves justified in excusing every sort of restraint and

monopolistic hindrance. And yet there is no doubt that the

interpretation of what should constitute “restriction” to commerce was

quite as arbitrary a matter as the interpretation of what should be

“reasonable.” Indeed, the economic consolidation of competing

organizations by no means necessarily cuts off the beneficent effects of

competition. When, for instance, the Northern Securities Company united

several parallel railway lines, it asserted justly that the several

roads under their separate corps of officials would still compete for

public favour. Yet the public and the court objected to the

consolidation. The one real hindrance to the propagation of trusts lies

in this general dread of every artificial check to free competition.

Many circumstances which have favoured the formation of trusts are

obvious. In the first place, the trust can carry on business more

cheaply than the component companies individually. The general

administration is simplified by doing away with parallel positions, and

all expenses incident to business competition are saved. Then, too, it

can make larger profits since when competition stops, the fixing of

prices lies quite with itself. This is of course not true, in so far as

other countries are able to compete; but here comes in the function of

the protective tariff, which permits the trust to raise its prices until

they equal those of foreign markets plus the tariff.

The good times which America has enjoyed for some years have also

favoured the development of trusts. When the harvests are good and the

factories all busy, high prices are readily paid. The trusts can do even

better than single companies by shutting down unprofitable plants and

adapting the various remaining plants for mutual co-operation. Then,

too, their great resources enable them to procure the best business

intelligence. In addition to all this came a series of favourable

external circumstances. First was the rapid growth of American capital

which was seeking investment. In the seventies, the best railroad

companies had to pay a rate of 7 per cent. in order to attract

investors; now they pay 3½ per cent. Capital lies idle in great

quantities and accumulates faster than it can find investment. This has

necessarily put a premium on the organization of new trusts. Then, too,

there was the well-known uniformity of the market, so characteristic of

America. The desire to imitate on the one side, and patience and good

nature on the other, give to this tremendous region of consumption

extending from the Atlantic to the Pacific Ocean a uniformity of demand

which greatly favours manufacture on a gigantic scale. This is in sharp

contrast with the diversity of requirements in Europe.

It has been, doubtless, also important that the American feels

relatively little attached to his special business. Just as he loves his

Fatherland really as a conception, as an ideal system, but feels less

bound to the special piece of soil where he was born and will leave his

own farm if he is a farmer and go westward in search of better land, so

the American passionately loves business as a method, without being over

attached to his own particular firm. If the opening is favourable, he

gives up his business readily to embark on another, just as he gives up

an old-fashioned machine in favour of an improved one.

Just this quality of mind is so different from the German that here

would be probably the greatest hindrance to the organization of trusts

in Germany. The German feels himself to have grown up in his special

business, which he may have inherited from his father, just as the

peasant has grown up on his farm, and he does not care to become the

mere employee of a large trust. Another contributory mental trait has

been the friendly confidence which the American business man puts in his

neighbour. The name is here appropriate; the trusts in fact repose to a

high degree on mutual trust, and trusts like the American could not

develop wherever there should be mutual distrust or jealousy in the

business world. Finally, the laws themselves have been favourable, in so

far as they have favoured the issue of preferred stock in a way very

convenient to trusts, but one which would not have been approved in

Europe. And, moreover, the trusts have made considerable use of the

diversity existing between the laws of different states.

There have been retarding factors, too. We have mentioned the most

important of all—the legal discountenance of all business agreements

tending to create a monopoly or to restrain trade. There have been

others, however. One purpose of the trusts is to put prices up and so to

make the necessities of life dearer. It is the people who pay the

prices—the same people who elect Congress and determine the tariffs and

the laws; so that every trust works in the knowledge that putting up

prices tends immediately to work back on business by calling forth

tariff revision and anti-trust laws.

One source of great profit to the trusts has been the possibility of

restricting output. This method promised gain where natural products

were in question, such as oil, tobacco, and sugar, of which the quantity

is limited, and further for all technical patents. Where, however, there

is no such limitation the most powerful corporation will not be able to

avoid competition, and if it tries to buy up competing factories to stop

such competition, still more are built at once, solely with the purpose

of extorting a high ransom from the trusts; and this game is ruinous. In

other departments again consolidation of business means very little

economy; Morgan’s marine trust is said not to have succeeded for this

reason. In short, not all industries are susceptible of being organized

as trusts, and the dazzling profits of certain favoured trusts too

easily misled those who were in pursuit of fortune into forgetting the

difference between different businesses. Trusts were formed where they

could not be profitable. Perhaps the real founders themselves did not

overlook the difference; but they counted on the great hungry public to

overlook it, until at least most of the shares should have been disposed

of.

As a fact, however, the reluctance of the great investing public has

been a decidedly restraining factor too. The securities spoiled before

the public had absorbed them; everywhere the complaint went up of

undigested securities. The public came early to suspect that the

promoters were making their profits not out of the legitimate economies

to be saved by the trusts, but by enormously overcapitalizing them and

taking large blocks of stock for themselves.

There was still another unfavourable influence on public opinion. The

main profits of a protected trust lie in its being able to sell more

dearly than it could if exposed to foreign competition. But now if the

consolidated industry itself proposes to sell to other countries, it

must of course step down to the prevailing level of prices. It must

therefore sell more cheaply abroad than at home. But this is soon found

out, and creates a very unfavourable impression. The American is willing

to pay high prices, as far as that goes; but when he has to pay a price

double what the same factory charges for the same goods when delivered

in Europe, he finds the thing wholly unnatural, and will protest at the

next election. Thus there have been plenty of factors to counteract the

favourable conditions, and the history of trusts has certainly not been

for their promoters a simple tale of easy profits.

Now, if we do not ask what has favoured or hindered the trusts, nor how

they have benefited or jeopardized their founders, but rather look about

to see what their effect on the nation has been and will be, some good

features appear at once. However much money may have been lost, or

rather, however fictitious values may have been wiped out in the market,

the great enterprises are after all increasing the productive capacity

of the nation and its industrial strength in the fight with other

peoples. They give a broad scope to business, and bring about relations

and mutual adaptations which would never have developed in the chaotic

struggling of small concerns. They produce at the same time by the

concentration of control an inner solidarity which allows one part to

function for another in case there are hindrances or disasters to any

part of the great organism, and this is undoubtedly a tremendous factor

for the general good. A mischance which, under former conditions, would

have been disastrous can be survived now under this system of mutual

interdependence: thus it can hardly be doubted that the combined action

of the banks in the year 1903 prevented a panic; since, when stocks

began to fall, the banks were able to co-operate as they would not have

been able previously to their close affiliation.

Furthermore, economic wealth can now be created more advantageously for

the nation. The saving of funds which were formerly spent in direct

competition is a true economy, and the trusts have asserted again and

again that as a matter of fact they do not put up prices, but that they

make sufficient profits in saving what had formerly been wasted in

business hostilities. Certainly the trusts make it possible to isolate

useless or superannuated plants, without causing a heavy loss to the

owners, and thus the national industry is even more freely adaptable to

changing circumstances than before; and this advantage accrues to the

entire country. The spirit of enterprise is remarkably encouraged and

the highest premiums are put on individual achievement. Almost all the

men who hold responsible positions in the mammoth works of the Steel

Trust have worked up, like Carnegie himself, from the bottom of the

ladder, and made their millions simply by working better than their

fellows.

On the other hand, the trusts have their drawbacks. One of the most

regrettable to the American mind is their moral effect. The American

distrusts such extreme concentration of power and capital; it looks

toward aristocracy, oligarchy, and tyranny. At the same time the masses

are demoralized, and in very many cases individual initiative is

strangled. There are, as it were, nothing but officials obeying orders;

no men acting wholly on their own responsibility. Work ceases to be a

pleasure, because everything goes by clock-work; the trust supersedes

the independent merchant and manufacturer just as the machine has

superseded the independent artisan.

The trusts have other demoralizing effects. Their resources are so

tremendous as in the end to do away with all opposition. The independent

man who hopes to oppose the great rival, can too easily be put in a

position in which he is made to choose between beggary and the

repudiation of all his principles. Everybody knows the shameless history

of the Standard Oil Company, which has strangled not merely weak

proprietors, but, much more, has strangled strong consciences. Then,

too, the whole system of over-capitalization is immoral. Large trusts

can hardly be formed except by purchasing the subsidiary companies at

fancy prices, and issuing stock which in large part represents the

premium paid to the promoters. Indeed, this whole system of community of

interests which puts thousands of corporations into the hands of a few

men who everywhere play into one another’s hands, must bring it about

that these men will soon grow careless and overlook one another’s

irregularities in a way which will threaten sober business traditions.

The whole country was shocked on hearing the revelations of the

Shipbuilding Trust, and seeing with what criminal carelessness the

organization went on in a little group of friends, and how the methods

of poker-playing were applied to transactions of great moment. The

fundamental objection, however, is always that it is immoral to kill

competition by agreements which create a monopoly.

Now, what can be done to obviate these evils? Apparently the first thing

would be a revision of the tariff; and yet even their opponents must

agree that there is only an indirect relation between the protective

tariff and the trusts. It is true that the high tariffs have helped to

create those industries which have now come together in trusts, and if

the industries were to be wiped out, of course there would be nothing

left of consolidations. But it is surely not true that the trusts are

the immediate effect of the tariff, and the more a revised tariff were

to let in foreign competition so much the more would the national

industries need to form themselves into trusts for the sake of the

benefits of consolidated management. All the business advantages and all

the moral evils of trusts would still remain, even though the dividends

were to sink. And the trusts would not be carried off the field unless

American industry itself should utterly succumb to the foreign enemy.

Most of all, however, it seems clear that any policy prejudicial to the

conditions of production and distribution would first of all, and most

sadly, hit the competitors of the trusts. There is no absolute monopoly

in any American industry. Indeed, even the Sugar Refining Company has a

few outside competitors, and there is a legion of independent producers

outside of the Steel Trust who are themselves in part organized in

groups, and in many industries the trusts do not comprise even half of

the manufacturers. Now, if the high tariff wall should be torn down so

that a flood of cheap foreign manufactures could come in, it is certain

that the first sufferers would be the small independent companies, which

would be drowned out, while the mighty trusts would swim for a long

time. Indeed, the destruction of such home competition would greatly

benefit the trusts. Some of the strongest of these would hardly be

reached at all by a reduction of the tariff—as, for instance, the

strongest of them, the Petroleum Trust, which does not enjoy any

protection. And it is also to be asked if trusts do not prosper in

free-trade England? So soon as the water is squeezed out of their

stocks, as has in good part lately happened, the trusts would still have

a great advantage after protective duties should be abolished. And at

the same time the necessary depression of wages which would result from

that movement would endanger the whole industrial fabric. Moreover, the

social and moral evils of the trusts would persist. Therefore the

Republican party, which is just now in power, will take no part in

solving the trust question by reducing the tariff.

Those Republicans who oppose the trusts are much more inclined to

proceed to federal legislation. President Roosevelt has, in a number of

speeches which are among the most significant contributions to the whole

discussion, pointed to this way again and again. The situation is

complicated and has shifted from time to time. The real difficulty lies

in the double system of legislative power which we have already

explicitly described. We have seen that all legislative power which is

not expressly conferred on the Union belongs to the several states;

specially has each state the right to regulate the commercial companies

to which it has given charters. But if the company is such a one as

operates between several states—as, for instance, one which transports

goods from one state to another—it is regulated by federal law. Now, as

long ago as the year 1890, in the so-called Sherman Act, Congress passed

draconic regulations against interstate trusts. The law threatens with

fine and imprisonment any party to a contract which restricts interstate

commerce. It can be said of this law that it entirely did away with the

trusts in their original form, in which the various companies themselves

composed the trust. At the same time the federal officials were strongly

seconded by the judicial doings of the separate states, as we have

already seen. But the effect has only been to drive industry into new

forms, and forms which are not amenable to federal regulations, but fall

under the jurisdiction of the separate states. Corporations were formed

which have their home in a certain state, but which by the tremendous

capital of their members have been able to acquire factories distributed

all through the country. Indeed, they are not real trusts any more, and

the name is kept up only because the new corporations have descended

from trusts and accomplish the same purpose.

Of course, this change would have been of no advantage for the several

companies if the stern spirit shown by Congress in this legislation had

been manifested once more by the separate states, that is, if each

separate state had forbidden what the Union had forbidden; but so long

as a single state in the whole forty-five permitted greater freedom to

business than the others, of course all new companies would be careful

to seek out that state and settle there. And, what was more important,

would there pay taxes—a fact which tended to persuade every state to

enact convenient trust laws.

Now, it is not a question between one state and forty-four others, but

rather between the diversities of all the forty-five. Almost every state

has its peculiar provisions, and if its laws are favourable to the

trusts this is because, as each state says, if it were to stand on high

moral grounds it would only hurt itself by driving away profitable

trusts, and would not benefit the whole country, because the trusts

would simply fly away and roost in some other state. More especially the

industrially backward Western States would be always ready to entertain

the trusts and pass most hospitable laws, for the sake of the revenue

which they could thereby get for their local purposes. And so it is

quite hopeless to expect the trusts to be uprooted by the legislation of

the separate states. If all forty-five states were to pass laws such as

govern stock companies in Massachusetts, there would be no need of

further legislation; and it is also no accident, of course, that there

are very few trusts in the State of New York. All the great trusts whose

directors reside in the metropolis have their official home across the

river in the State of New Jersey, which has made great concessions to

the companies.

If these companies are to be reached by law, the surest way seems to be

by taking a radical step and removing the supervision of large stock

companies from the single states, and transferring it to the federal

government; this is the way which President Roosevelt has repeatedly

recommended. In our political section we have explicitly shown that such

a change cannot be introduced by an act of Congress, but only by an

amendment to the Constitution, which cannot be made by Congress, since

it is in itself a product of the Constitution. Congress would be able

only to take the initiative, and two-thirds of both houses would have to

support the proposition to change the Constitution; and this change

would have to be ratified by three-fourths of the state legislatures

themselves. Now, it would be difficult to get a two-thirds majority in

both houses on any question hostile to trusts; but it is quite out of

the question to induce the three-fourths of the states to cripple their

own rights in so important a matter as the regulation of stock

companies; particularly as in economic matters local power is necessary

to local optimism, and the weaker states would never consent to give up

such rights, since they would be forced to see industrial laws framed

according to the requirements of the more highly developed states. Was

the President, then, in his speeches, like Don Quixote, tilting against

the windmills; or was he proposing, as some of his opponents said, quite

impracticable solutions in order to divert attention from such a handy

solution as that of tariff reduction? And was he declaiming loudly

against the trusts before the public in order really to help on the

friends of capital?

Perhaps another point of view may be found. It may be that President

Roosevelt proposed a constitutional amendment in order to arouse

discussion along certain lines, and in order specially to have the

chance of demonstrating that federal control of those overgrown business

enterprises is necessary, and that their control by the several states

is dangerous. It looks indeed as if such discussion would have been

highly superfluous if not insincere, if it were true that the sole way

of helping the situation were the quite impossible constitutional

amendment.

But such is not the case; there is another way of reaching the same end

without meeting the difficulties involved in changing the Constitution.

Of course, the President was not free to discuss this means, nor even to

mention it. This way is, we think, for the Supreme Court to reverse its

former decision, and to modify its definition of interstate commerce in

closer accord with the latest developments of the trusts. We have seen

that there are drastic laws relating to interstate commerce which have

overthrown all the earlier trusts; but a corporation claiming home in

New Jersey, although owning factories in different states and dependent

on the co-operation of several states for its output, is to-day treated

by the Supreme Court as a corporation pertaining to one state. If, now,

the Supreme Court were to decide that such a corporation transacts

interstate commerce, then all the severity of the existing federal laws

would apply to such corporations, and everything which could be

accomplished by an amendment to the Constitution would be effected by

that one decision. Of course, the President could not suggest this,

since the Supreme Court is co-ordinate with the Executive; yet if public

attention should be awakened by such a discussion, even the judges of

the Supreme Court might consider the matter in a new light.

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