CHAPTER 29

PUBLIC POLICY IN RESPECT TO MONOPOLY

§ 1. Moral judgments of competition and monopoly. § 2. Public character

of private trade. § 3. Evil economic effects of monopolistic price.

§ 4. Common law on restraint of trade. § 5. Growing disapproval of

combination. § 6. Competition sometimes favored regardless of results.

§ 7. Increasing regard for results of competition. § 8. Common law remedy

for monopoly ineffective. § 9. First federal legislation against

monopoly. § 10. Policy of the Sherman anti-trust law. § 11. Policy of

monopoly-accepted-and-regulated. § 12. Field of its application. § 13.

Industrial trusts,--a natural evolution? § 14. Artificial versus natural

growth. § 15. Kinds of unfair practices. § 16. Growing conception of

fair competition. § 17. The trust issues in 1912. § 18. Anti-trust

legislation in 1914.

§ 1. #Moral judgments of competition and monopoly.# What should be the

attitude of society toward monopoly? Is it good or bad as compared

with competition? Some very strong ethical judgments bearing on

practical problems are found in the popular mind connected with the

ideas of competition and monopoly. Competition usually is pronounced

bad when viewed from the standpoint of the competitors who are losing

by it, and as good when viewed from the standpoint of the traders on

the other side of the market who gain by that competition. Competition

among buyers thus appears to sellers to be a good thing; that among

sellers appears to themselves to be a bad thing (and _vice versa_).

Many persons are moved by sympathy to pronounce competition among

low-paid and underfed workers to be bad, and each worker is convinced

that it is so in his own trade. Yet nearly all men are of one mind

that competition is a good thing in most industries, those that are

thought of as supplying "the general public." Monopoly is believed by

the public to be wrong in such cases, and competition to be the normal

and right condition of trade. Yet there are some men interested in

"large business" who look upon competition as bad, and upon monopoly

as having essentially the nature of friendly coöperation. The roots

of these opinions, or prejudices, are easily discoverable in the

theoretical study of the nature of monopoly.[1] Yet often different

men or groups of men feel so strongly on this matter, viewing it from

their own standpoints, that they are quite unable to understand

how any one else can feel otherwise. There is thus a great deal of

controversy to no purpose.

§ 2. #Public character of private trade.# Any such general judgment as

that of the public, tho it may be mistaken in some details, is likely

to be a resultant of broad experience. There is in competitive trade a

public, a social character, which monopoly destroys. Even in a simple

auction, when the bidding is really competitive, price depends far

less on shrewd bargaining, on bluff, or on stubbornness, than is the

case in isolated trade. Each bidder is compelled by self-interest to

outbid his less eager competitors, and thus the limits within which

the price must fall are narrowly fixed. The auction-sale is less a

purely personal matter, takes on a more public aspect, has a more

socialized character than isolated trade, depends more on forces

outside the control of any one man, and results in a price fixed with

greater definiteness. The price in a more developed market results

from the play of impersonal forces, or at least from the play of

personal forces which have come under the rules of the market.[2] This

price men are ready to accept as fair. It has a democratic character,

whereas the gains of monopoly price arouse resentment as being the

work of personal, and felt to be despotic, power. Monopoly price is a

bad price to the one who pays it, not only because it is a high price

but because it bears the character of personal extortion.

The medieval notion of _justum pretium_, the just price, may have

been often misapplied, and it was often criticized and ridiculed by

economists in the period of idealized competition (from Adam Smith

to John Stuart Mill). But at the heart of the notion was the judgment

that general uniform prices fixed in the open market are the proper

norms for prices when one of the traders is caught at an exceptional

disadvantage. The modern world has been compelled to reëxamine the

conception of the just price.

§ 3. #Evil economic effects of monopolistic price.# Theoretical

analysis confirms this view. Any exercise of monopolistic power over

price keeps some, the weaker bidders, from getting any of the desired

goods, or limits them to their most urgently desired units. What

may be called "the theoretically correct price"[3] with two-sided

competition is the one that permits the maximum number of trades

with a margin of gain to each trader. In narrowing the possibility of

substitution of goods by trade, the sum of values of goods for most

men is diminished. All citizens thus that are the victims of an

artificially created scarcity look upon monopoly as "bad," just

as they do upon the evils of nature--drought, locusts, fires, and

pestilence. A monopoly has an indirect and more distant effect upon

the spirit of all those trading with it. If they are producers selling

at prices depressed by monopoly, their money incomes are reduced; if

they are consumers buying at monopoly prices, their real-incomes are

reduced; in either case their psychic incomes, the motives of all

industry, are diminished, and their industrial energies are relaxed.

§ 4. #Common law on restraint of trade.# The first recorded case in

English law, wherein the courts sought to prevent the limiting of

competition by agreement, runs back to the year 1415, in the reign

of Henry V. This was a very simple case of a contract in restraint of

trade, whereby a dyer agreed not to practise his craft within the town

for half a year. The court declared the contract illegal (and hence

unenforceable in a court) and administered a severe reproof to the

craftsman who made it. Thus was set forth the doctrine of the moral

and legal obligation of each economic agent to compete fully, freely,

and without restraint upon his action, even restraint imposed upon

himself by a contract voluntarily entered into for his own advantage.

Not until the eighteenth century was this rigid doctrine somewhat

relaxed so as to permit the sale of the "good will" of a business

under limited conditions, and some "reasonable" contracts in restraint

of trade. Later the emphasis was somewhat further shifted, by judicial

interpretations, from the notion of free competition to that of "fair"

competition, so as to permit contracts involving moderate restraint of

trade, if the essential element of competition was retained. Thus

it was said that a piano manufacturer might by contract grant an

exclusive agency to a dealer in a certain territory, there being many

other competing makes of pianos, and such a contract "does not operate

to suppress competition nor to regulate the production or sale of any

commodity."[4] But with such moderate limitations the courts in cases

under the common law have steadily disapproved contracts in restraint

of trade that would appear to be to the disadvantage of third parties,

whether producers or consumers.

§ 5. #Growing disapproval of combination.# The attitude of the courts

became in one respect stricter. Some earlier cases involved the

doctrine that what is lawful for an individual to do alone is lawful

if done in combination with others. Indeed, a comparatively recent

case[5] declared regarding a group of dealers, agreeing not to deal

with another, that "desire to free themselves from competition was a

sufficient excuse" for such action. But the general trend has been

to the doctrine that a combination of men "has hurtful powers

and influences not possessed by the individual." Hence threats of

associations of traders (retailers or wholesalers) not to deal with

another if he continued to deal with some third party have been

declared acts in restraint of trade.[6] Yet in the case cited the

court seemed to have been more concerned with protecting "the

individual against encroachment upon his rights by a greater power,"

"one of the most sacred duties of the courts," than with rights and

interests of the general public, endangered by such restraint of

trade.

§ 6. #Competition sometimes favored regardless of results.# In another

respect the courts have wavered in their attitude toward competition,

the general doctrine being that competition, particularly the cutting

of prices, is absolutely justifiable, regardless of circumstances. In

the leading English case[7] the facts were that the larger steamship

companies sent to Hankow additional ships, now called, figuratively,

"fighting ships," to "smash" freights in order to ruin tramp steamship

owners and drive them out of the field. The court held that this

constituted no legal wrong to the tramp steamship owners, and scouted

the idea of the court's looking at the motives in price cutting,

or taking into consideration in any way what the court called "some

imaginary normal standard of freights and prices." And of this case

the lawyer is forced to say: "Undoubtedly the excellent opinion just

quoted represents the law everywhere," even tho there are other cases

difficult to harmonize with it.[8]

To the economist, not bound in like manner by legal precedent, such

a verdict was from the first impossible. The court appears to have

considered that only the rights of the private litigants, the tramp

steamship owners, were involved, not the rights and interests of the

shipping public; it considered the immediate and not the ultimate

effects of the "smashing" of rates; it allowed itself to be deceived

by the appearance of acts that in outer form were competition,

but that had as their purpose the strengthening and maintenance of

monopoly. These acts are forms of the "unfair" practices that will be

mentioned later.[9]

§ 7. #Increasing regard for results of competition.# Despite the

binding precedents, the courts in some later decisions have refused

to look upon competition as good regardless of its motives and of its

consequences. In a federal case[10] the judge, in a brief and acute

dictum, recognized the evil of a rate war that would result from

threats of definite cuts. They impair "the usefulness of the railroads

themselves, and cause great public and private loss." The court's

opinion was no doubt largely influenced by the fact that railroad

rates were already subject to regulation: "Every precaution has been

taken by state legislatures and by the congress to keep them just and

reasonable,--just and reasonable for the public and for the carriers."

In a state case[11] the facts were that a man of wealth started a

barber shop and employed a barber to injure the plaintiff and drive

him out of business. The court recognized that while, as a general

proposition, "competition in trade and business is desirable," it

may in certain cases result in "grievous and manifold wrongs to

individuals"; and in this case the "malevolent" man of wealth was

declared to be "guilty of a wanton wrong and an actionable tort."

The economists can but pronounce this judgment admirable so far as it

goes, but it is remarkably confined to a consideration of the private

legal rights of the injured competitor, and gives hardly a hint of

a higher criterion for judging competitive acts, that of the general

welfare.

§ 8. #Common law remedy for monopoly ineffective.# The common law

contained prohibitions enough, both broad and specific, against

contracts and acts in restraint of trade. The common law contained

likewise a closely related body of doctrine by which the railroads,

as common carriers, ought to have given equitable and undiscriminating

rates to all shippers. There was a strong body of influential opinion

that long maintained that the case was sufficiently covered, that the

only thing needed was to enforce the common law. Even now, after all

that has elapsed, there are some in railroad and business circles

who still appear to hold that opinion. But the evils of railroad

discrimination and of other monopolistic practices continued, and for

some cause the common law was not enforced, excepting occasionally,

disconnectedly, and without important results.

Why? The answer may be ventured that in the common law the whole

question of restraint of trade was treated primarily as one of private

rights and only incidentally as one involving general public policy.

Cases came before the courts only on complaint of some individual

that felt injured. Now the injury of higher prices due to contracts in

restraint of trade is usually diffused among many customers, and

the loss of any one is less than the expense of bringing suit.

Consequently, it rarely happened that cases were brought before the

courts except by one of the two equally guilty parties to a contract

in restraint of trade, when the other party had failed in some way to

do his part. When such an illegal contract in restraint of trade was

proved before a court by a defendant in a civil suit the contract was

declared unenforceable, and the only penalty in practice was that the

plaintiff could not collect his debt or secure performance from the

defendant.[12] A very similar situation existed in the case of the

individual's grievances against railroad charges and services.

§ 9. #Federal legislation against monopoly.# The passage of the

Interstate Commerce Act in 1887[13] prohibiting discrimination and

railway pooling, and that of the Act of 1890 "to protect trade and

commerce against unlawful restraints and monopolies," popularly known

as the "Sherman Anti-trust Law," were part of one public movement to

remedy monopoly. From one point of view it seems true, as has often

been said, that in essence these statutes were simply enactments

of long established principles of the common law. Section 1 of the

Sherman law declared illegal "every contract, combination in the

form of trust or otherwise, or conspiracy, in restraint of trade or

commerce among the several states, or with foreign nations." Section 2

made it a misdemeanor "to monopolize, or attempt to monopolize."

But from another point of view, these new laws showed a marked change

both in the conception of the interests involved and in the means of

preventing the evils. The evil was at last conceived of as a general

public evil; the laws are not merely to protect individuals,[14]

but "to regulate commerce," "to protect trade and commerce."

More important still, it was made the duty of public officers

(district-attorneys of the United States) to institute proceedings in

equity "to prevent and restrain" violation of the Sherman Act, and a

special Commission was instituted to deal with railroad cases. It was

this undertaking of the initiative by the government, the treatment of

the problem as one of the general welfare, that marked a new epoch

in this field. The methods and agencies provided might be at first

inadequate and ineffective, but time and experience could remedy those

defects.

§ 10. #Policy of the Sherman anti-trust law.# But in important

respects opinion and policies were not yet clear and consistent. They

wavered from one to another conception of the method for dealing with

the problem. It was clear only that _laissez-faire_ had been laid

aside. There are three other possible policies reflecting as

many different conceptions of the problem of monopoly: (1)

monopoly-prosecuted, (2) monopoly-accepted-and-regulated,

(3) competition-maintained-and-regulated. The policy of

monopoly-prosecuted is merely negative. This is the policy of

the Sherman law. It opposed no positive action to the making of

monopolistic contracts and to the formation of combinations, but

declared them to be illegal and provided for their prosecution and

punishment after the mischief had been done. The great epoch of the

formation of combinations[15] followed the enactment of this law.

True, lack of experience by the department of justice, and lack of

vigorous effort to enforce the law, and the slow action of the courts

were largely to blame for this result. The law has proved to be more

effective to prevent new combinations since it has been successfully

enforced in a few notable cases. But once large combinations have

been formed and complex individual financial interests have become

involved, the courts have proved to be incapable of undoing the deeds.

In practice the most sweeping remedy attempted under the law has been

the dissolution of enormous combinations formed years after the law

went into effect. This has been called the job of unscrambling the

eggs. The most notable cases were those of the Standard Oil Company

and of the Tobacco Company, decided in 1911, the results being

absurdly futile.

§ 11. #Policy of monopoly-accepted-and-regulated.# A second policy may

be called that of monopoly-accepted-and-regulated. This is represented

by the Interstate Commerce Act (at first weakly, and more vigorously

after its amendment), and by the great mass of state legislation

putting the local and interurban public utilities under the control

of regulative commissions. For some decades after these industries

developed, the public faith was in competition as the effective

regulator. If monopolistic prices were too high, another company was

chartered to build a parallel railroad or another horse-car line on

the next street, or to lay down another set of gas pipes in the same

block. Almost from the first some students of the subject saw the

wastefulness and futility of this kind of competition, and nearly a

half century later the public reluctantly came to this view. Still,

sad to relate, the same history had to be repeated in regard to the

telegraph and telephone industry, and in some quarters the ultimate

outcome is not yet recognized. The Interstate Commerce Act itself,

with odd inconsistency, contains an anti-pooling provision (section

5) the purpose of which seems to have been to compel competition as to

rates which is now practically impossible under the other provisions

of the law. The policy of "monopoly-accepted" was seen to involve as

a necessary feature, public regulation of rates, to the point, if

necessary, of absolutely fixing them. The principle has come to be

accepted that wherever competition ends there public regulation of

prices and service begins. Monopolistic enterprises are _ipso facto_

quasi-public institutions.

§ 12. #Field of its application#. This policy, gradually extending

in practice, came to be applied to the class of industries which,

for lack of a better name, are called local utilities. The one

characteristic that they all have in common is that the service,

or product, which is sold requires for its delivery an expensive,

permanent, physical plant, and some special use of public highways.

Thus gas pipes, water pipes, poles and wires for telegraph, telephones

and electric light, street railways, regular steam railroads and some

other minor industries all answer to this test.[16]

Beginning about the year 1900 one state after another enlarged the

powers of its state railroad commission or created a new corporation

commission to regulate these "local" or "public utilities."[17] They

have accomplished much, but the development of this kind of regulation

has not proceeded in many cases beyond the adjustment of relative

rates and the abolition of discrimination among the different

individuals and classes of customers. Experience has shown the great

difficulty of determining what is a fair absolute level of charges.

A new science of accounting has been developing to assist in the

solution of a problem, the complexity of which transcends the agencies

at hand to deal with it. With this policy applied to the local utility

(and railroad) phase of monopoly, there remains still the problem of

the industrial trusts in the manufacturing enterprises.

§ 13. #The industrial trust,--a natural evolution?# The policy that

one is inclined to favor regarding industrial trusts depends very

much on one's answer to the question: Are or are not industrial trusts

natural growths? In this bare form the question is somewhat vague, but

the thought of those who answer it in the affirmative is positive if

not always entirely clear. They (at least the extreme representatives

of this view) declare that trusts have been, are, and will continue

to be, the results of a "natural evolution" of business conditions, as

inevitable as the great changes in the physical world. If this is so

man and society must recognize the facts, must waste no efforts vainly

in fighting against fate, but should accept the trusts and realize

their possibilities for good. And these are declared to be great, for

it is assumed that without the trusts all of the economies of large

production must be sacrificed. Irresistible economic forces, it is

said, are creating larger and larger units of business; friendly

coöperation and unified action must take the place of competition in

business.

The outcome must be monopoly in every important line of manufacturing

industry and perhaps of commerce. In view of public opinion toward

monopoly, its acceptance necessitates its regulation. This argument

is supported by appeal to the experience in the field of railroads

and other local utilities, where public opinion has, after long

hesitation, recognized competition to be impracticable and the

acceptance of monopoly as inevitable. As extremes often meet, the view

of the industrial trust as a natural evolution is most favored on the

one hand by men of "big business," already interested financially

in trusts, and on the other hand by the most radical communists (or

socialists) whose ideal is the complete monopolization of industry

under the government.

§ 14. #Artificial versus natural growth.# Opposed to this view is a

deep and widespread popular opinion or prejudice, against the trust

and in favor of competition. General opinion in this case (as not

always) finds much support in special economic studies of the methods

by which the existing industrial trusts came into being. First the

question properly is raised; just what is meant by "natural"? In a

sense everything has been the natural outcome of evolution,--the steam

engine, the submarine, the boycott, militarism. In an equally good,

if not better sense, every mechanical invention and every method of

industrial organization is artificial, has been the result of man's

choice and effort. In any case men may choose as good or reject as

unsuitable or bad, any particular mechanical device, and society

may decide to adopt any particular policy toward a certain form of

business organization and certain business practices (unless, indeed,

our philosophy be that of automatism, crude determination or fatalism,

regarding all human affairs).

Now when one examines the methods which the notable trusts actually

did employ, and apparently had to employ, even when they were already

powerful single enterprises, in order to destroy their competitors and

to attain their monopolistic power, the word "natural" seems hardly to

describe the process. The evidence is not a matter of hearsay but is

embodied in a long line of judicial decisions, and in numerous special

inquiries by governmental commissions and officials.[18]

§ 15. #Kinds of unfair practices#. This evidence is a startling

array of "unfair practices" and "unfair" forms of competition, which,

however novel in appearance, are essentially of the kind that has been

illegal under the common law for the past five hundred years. Many of

these practices were baldly dishonest, many of them were contemptibly

mean. The manifold varieties of unfair competition may be roughly

grouped under three headings according as they are connected with (1)

Illegal favors received from public or quasi-public officials; (2)

Discrimination against, or control of, customers; (3) Foul tactics

against competitors.

(1) Among the practices in the first group are discriminatory rates

and rebates from railroads, favoritism in matters of taxation, undue

influence in legislatures, special manipulation of tariff rates

through powerful lobbies, or paid agents, undue influence in the

courts through the employment of lawyers of the highest talent, who

often later became judges.

(2) Among the unfair practices toward customers are discriminations

among them by the various forms of price cutting, grants of credit,

and kinds of service. The liberty of retail dealers is limited in

a variety of ways, such as fixing resale prices, requirement of

exclusive dealing, and full-line forcing.

(3) All the methods just mentioned as employed in dealings with

customers are likewise unfair toward competitors. Many other methods

are used to the same end, such as: enticing away their employees,

or corrupting and bribing them to act as spies, paying secret

commissions, false advertising, misrepresenting competitors, imitating

their patterns in goods of defective workmanship, shutting off their

credit or their supplies of materials, acquiring stock in competing

companies, malicious suits, infringement of patents, intimidation by

threats of business injury or of scandalous exposures, operation of

bogus independent companies.

§ 16. #Growing conception of fair competition.# Any industrial trust

that was able to gain domination and monopoly power only by the use of

such practices, or any part of them, can hardly be deemed the result

of a "natural evolution." If "artificial" means the use of artifices

surely this development deserves the adjective. Yet even if not

natural, this development may be thought to be "inevitable," human

nature being as it is. But the bald fact is that while the great trust

movement was in progress no effort worthy of the name was being made

to enforce even the then existing laws and to oppose this artificial

development. The same allegation of inevitableness was once commonly

made of discriminatory railroad rates and rebates, evils which have

been in large part remedied only since the period 1903-1906, when at

last intelligent action was taken.

To those that came to see the problem in this light, acceptance

of industrial monopoly with its complex task of fixing by public

commission the prices on innumerable kinds and qualities of goods

seemed at least premature. Rather, the first step toward a solution

seemed to be the vigorous prevention of unfair practices, and the

next step a positive regularizing of "fair competition."[19] The

fundamental idea in this is the enforcement of a common market price

(plus freights) at any one time to all the customers of an enterprise.

By this plan potential competition would become actual, and small

enterprises that were efficient might compete successfully within

their own fields with large enterprises that maintained prices above

a true competitive level. Even general lowering of prices by a large

enterprise with evident purpose of killing off smaller competitors is

unfair competition under this conception. It was for years recognized

that the realization of this policy required legislation regarding

uniform prices and the creation of a commission for the administration

of the law.

§ 17. #The trust issues in 1912#. The campaign of 1912 presented in an

interesting manner the three policies above outlined. The

Republican party led by President Taft stood for the policy of

monopoly-prosecuted; its program was the vigorous enforcement of the

Sherman law. The Progressive party, led by Mr. Roosevelt, stood in the

main for the policy of "monopoly-accepted-and-regulated"; its program

called for minimizing prosecution and for developing a system of

regulation of trust-prices. The Democratic party, led by Mr. Wilson,

stood for the policy of competition-maintained-and-regulated, and the

problem was to find means to strengthen and regularize the forces of

competition.

In practice these programs doubtless would be less divergent than they

appear. All alike proposed the retention of the Sherman law. The

two proposals to go further were presented as mutually exclusive

alternatives, whereas they necessarily must supplement each other in

some degree. The Progressives did not expect all industries to become

monopolies, and the Democrats tacitly conceded to monopoly-accepted

the large field of transportation and local utilities it already had

occupied. But there was a real difference in the angle of approach and

a real difference in emphasis. The Democratic program (the somewhat

unclearly) showed greater distrust of monopoly and greater faith in

the possibilities of creating fair conditions of competition (which

never had fully prevailed) in which efficiency would be able to prove

its merits and monopoly would work its own undoing. It was the more

logical for the country to give this policy at least a trial before

adopting irrevocably the policy of general industrial monopoly.

In either case competition actual or potential is the fundamental

principle by which prices have to be regulated. Where competition is

enforced it is by applying some general rules that create a general

market price instead of discriminatory prices, but the fixing of the

price is left to the competitors. Where monopoly is accepted prices

must be fixed with reference to an estimated competitive standard,

that which under hypothetically free conditions would just suffice to

attract and retain private enterprise and capital.

§ 18. #Anti-trust legislation of 1914#. The anti-trust legislation

of 1914, passed by the Democratic party to carry out its program, is

embodied in two acts: the Clayton Act, laying down new rules; and

the Federal Trade Commission Act, mainly to provide an agency with

administrative and quasi-judicial functions to deal with unfair

practices. This displaced the Bureau of Corporations, established in

1903. The Clayton Act forbids discrimination where the effect may be

to lessen competition, or tend to create a monopoly. Due allowance may

be made for difference in the cost of selling or transportation, but

a difference is not required in such cases. It forbids contracts

to prevent dealers from handling other brands. It forbids corporate

ownership of stock in a competing corporation, forbids interlocking

directorates in large banks and in other competing corporations,

with capital, surplus and undivided profits aggregating more than

$1,000,000. The Trade Commission Act in addition to its administrative

provisions for investigation, reports, and readjustment of the

business of companies upon request of the courts, declares that

"unfair methods of competition in commerce" are unlawful, and both

empowers and directs the Commission to prevent their use (banks and

common carriers subject to other acts being excepted).

These acts are too new to have been given a fair test. They have,

however, given evidence of exercising at once an influence upon

the situation. They are imperfect in some details that will require

amendment; but they mark the beginning of a new policy toward

industrial monopoly, the results of which will be watched with the

deepest interest.

[Footnote 1: See Vol. I, especially pp. 74 and 75.]

[Footnote 2: See Vol. I, pp 59, 68, 70-71]

[Footnote 3: See Vol. I, pp. 66, 67.]

[Footnote 4: 77 Miss., 476. Cited by Bruce Wyman, "Control of the

Market," p. 137.]

[Footnote 5: 19 R.I., 255.]

[Footnote 6: 115 Ga., 429.]

[Footnote 7: Mogul Steamship Company v. McGregor (L.R. 23 Q.B.D.

598).]

[Footnote 8: Bruce Wyman, "Control of the Market," p. 22. In 1914 (216

Fed. 971), a federal court granted an injunction restraining the use

of fighting ships by a combination, and in 1915 (220 Fed 235),

the court indicated a willingness to grant a similar injunction if

necessary. Similarly "fighting brands" of goods have been recently

prohibited.]

[Footnote 9: See below, sec. 15.]

[Footnote 10: Averrill v. Southern Railway (75 Fed. Rep. 736).]

[Footnote 11: 107 Minn. 145.]

[Footnote 12: Arnott v. Pittston and Elmira Coal Co., 68 N.Y. 558

(1877).]

[Footnote 13: See ch. 27, sec. 16.]

[Footnote 14: At the same time the rights of injured individuals

are better safeguarded by sec. 7 of the Sherman law, permitting the

recovery of threefold damages and attorney's fees.]

[Footnote 15: See ch. 28, sec. 9.]

[Footnote 16: See further, ch. 30, secs. 5-9.]

[Footnote 17: See ch. 27, sec. 15, on state commissions.]

[Footnote 18: A few among the most important sources are the Report

of the Industrial Commission, 1898-1901, 19 volumes; reports of the

Bureau of Corporations on the petroleum and tobacco industries; U.S.

Supreme Court decisions, e.g., the Addystone Pipe case (175 U.S. 211),

given in Ripley, Trusts, Pools, and Corporations, p. 86; the Standard

Oil case (221 U.S. 1), and the Tobacco Trust case (221 U.S. 106); and

the very comprehensive volume on "Trust Laws and Unfair Competition,"

by Joseph E. Davies, Commissioner of Corporations, Washington, 1916.]

[Footnote 19: John B. Clark, the distinguished professor of economics

in Columbia University, has been the foremost and clearest exponent of

this idea, in his "The Control of Trusts," 1901, 2d ed., 1912, and in

other works.]

Economics Volume II: Modern Economic Problems · 第 6 / 8 章