GENTLEMEN OF THE CONGRESS:

In my report "on the state of the Union," which I had the privilege of

reading to you on the 2d of December last, I ventured to reserve for

discussion at a later date the subject of additional legislation

regarding the very difficult and intricate matter of trusts and

monopolies. The time now seems opportune to turn to that great question;

not only because the currency legislation, which absorbed your attention

and the attention of the country in December, is now disposed of, but

also because opinion seems to be clearing about us with singular

rapidity in this other great field of action. In the matter of the

currency it cleared suddenly and very happily after the much-debated Act

was passed; in respect of the monopolies which have multiplied about us

and in regard to the various means by which they have been organized and

maintained it seems to be coming to a clear and all but universal

agreement in anticipation of our action, as if by way of preparation,

making the way easier to see and easier to set out upon with confidence

and without confusion of counsel.

Legislation has its atmosphere like everything else, and the atmosphere

of accommodation and mutual understanding which we now breathe with so

much refreshment is matter of sincere congratulation. It ought to make

our task very much less difficult and embarrassing than it would have

been had we been obliged to continue to act amidst the atmosphere of

suspicion and antagonism which has so long made it impossible to

approach such questions with dispassionate fairness. Constructive

legislation, when successful, is always the embodiment of convincing

experience, and of the mature public opinion which finally springs out

of that experience. Legislation is a business of interpretation, not of

origination; and it is now plain what the opinion is to which we must

give effect in this matter. It is not recent or hasty opinion. It

springs out of the experience of a whole generation. It has clarified

itself by long contest, and those who for a long time battled with it

and sought to change it are now frankly and honorably yielding to it and

seeking to conform their actions to it.

The great business men who organized and financed monopoly and those who

administered it in actual everyday transactions have year after year,

until now, either denied its existence or justified it as necessary for

the effective maintenance and development of the vast business processes

of the country in the modern circumstances of trade and manufacture and

finance; but all the while opinion has made head against them. The

average business man is convinced that the ways of liberty are also the

ways of peace and the ways of success as well; and at last the masters

of business on the great scale have begun to yield their preference and

purpose, perhaps their judgment also, in honorable surrender.

What we are purposing to do, therefore, is, happily, not to hamper or

interfere with business as enlightened business men prefer to do it, or

in any sense to put it under the ban. The antagonism between business

and government is over. We are now about to give expression to the best

business judgment of America, to what we know to be the business

conscience and honor of the land. The Government and business men are

ready to meet each other half-way in a common effort to square business

methods with both public opinion and the law. The best informed men of

the business world condemn the methods and processes and consequences of

monopoly as we condemn them; and the instinctive judgment of the vast

majority of business men everywhere goes with them. We shall now be

their spokesmen. That is the strength of our position and the sure

prophecy of what will ensue when our reasonable work is done.

When serious contest ends, when men unite in opinion and purpose, those

who are to change their ways of business joining with those who ask for

the change, it is possible to effect it in the way in which prudent and

thoughtful and patriotic men would wish to see it brought about with as

few, as slight, as easy and simple business readjustments as possible in

the circumstances, nothing essential disturbed, nothing torn up by the

roots, no parts rent asunder which can be left in wholesome combination.

Fortunately, no measures of sweeping or novel change are necessary. It

will be understood that our object is _not_ to unsettle business or

anywhere seriously to break its established courses athwart. On the

contrary, we desire the laws we are now about to pass to be the bulwarks

and safeguards of industry against the forces that have disturbed it.

What we have to do can be done in a new spirit, in thoughtful

moderation, without revolution of any untoward kind.

We are all agreed that "private monopoly is indefensible and

intolerable," and our program is founded upon that conviction. It will

be a comprehensive but not a radical or unacceptable program and these

are its items, the changes which opinion deliberately sanctions and for

which business waits:

It waits with acquiescence, in the first place, for laws which will

effectually prohibit and prevent such interlockings of the _personnel_

of the directorates of great corporations--banks and railroads,

industrial, commercial, and public service bodies--as in effect result

in making those who borrow and those who lend practically one and the

same, those who sell and those who buy but the same persons trading with

one another under different names and in different combinations, and

those who affect to compete in fact partners and masters of some whole

field of business. Sufficient time should be allowed, of course, in

which to effect these changes of organization without inconvenience or

confusion.

Such a prohibition will work much more than a mere negative good by

correcting the serious evils which have arisen because, for example, the

men who have been the directing spirits of the great investment banks

have usurped the place which belongs to independent industrial

management working in its own behoof. It will bring new men, new

energies, a new spirit of initiative, new blood, into the management of

our great business enterprises. It will open the field of industrial

development and origination to scores of men who have been obliged to

serve when their abilities entitled them to direct. It will immensely

hearten the young men coming on and will greatly enrich the business

activities of the whole country.

In the second place, business men as well as those who direct public

affairs now recognize, and recognize with painful clearness, the great

harm and injustice which has been done to many, if not all, of the great

railroad systems of the country by the way in which they have been

financed and their own distinctive interests subordinated to the

interests of the men who financed them and of other business enterprises

which those men wished to promote. The country is ready, therefore, to

accept, and accept with relief as well as approval, a law which will

confer upon the Interstate Commerce Commission the power to superintend

and regulate the financial operations by which the railroads are

henceforth to be supplied with the money they need for their proper

development to meet the rapidly growing requirements of the country for

increased and improved facilities of transportation. We cannot postpone

action in this matter without leaving the railroads exposed to many

serious handicaps and hazards; and the prosperity of the railroads and

the prosperity of the country are inseparably connected. Upon this

question those who are chiefly responsible for the actual management and

operation of the railroads have spoken very plainly and very earnestly,

with a purpose we ought to be quick to accept. It will be one step, and

a very important one, toward the necessary separation of the business of

production from the business of transportation.

The business of the country awaits also, has long awaited and has

suffered because it could not obtain, further and more explicit

legislative definition of the policy and meaning of the existing

antitrust law. Nothing hampers business like uncertainty. Nothing daunts

or discourages it like the necessity to take chances, to run the risk of

falling under the condemnation of the law before it can make sure just

what the law is. Surely we are sufficiently familiar with the actual

processes and methods of monopoly and of the many hurtful restraints of

trade to make definition possible, at any rate up to the limits of what

experience has disclosed. These practices, being now abundantly

disclosed, can be explicitly and item by item forbidden by statute in

such terms as will practically eliminate uncertainty, the law itself and

the penalty being made equally plain.

And the business men of the country desire something more than that the

menace of legal process in these matters be made explicit and

intelligible. They desire the advice, the definite guidance and

information which can be supplied by an administrative body, an

interstate trade commission.

The opinion of the country would instantly approve of such a commission.

It would not wish to see it empowered to make terms with monopoly or in

any sort to assume control of business, as if the Government made itself

responsible. It demands such a commission only as an indispensable

instrument of information and publicity, as a clearing house for the

facts by which both the public mind and the managers of great business

undertakings should be guided, and as an instrumentality for doing

justice to business where the processes of the courts or the natural

forces of correction outside the courts are inadequate to adjust the

remedy to the wrong in a way that will meet all the equities and

circumstances of the case.

Producing industries, for example, which have passed the point up to

which combination may be consistent with the public interest and the

freedom of trade, cannot always be dissected into their component units

as readily as railroad companies or similar organizations can be. Their

dissolution by ordinary legal process may oftentimes involve financial

consequences likely to overwhelm the security market and bring upon it

breakdown and confusion. There ought to be an administrative commission

capable of directing and shaping such corrective processes, not only in

aid of the courts but also by independent suggestion, if necessary.

Inasmuch as our object and the spirit of our action in these matters is

to meet business half-way in its processes of self-correction and

disturb its legitimate course as little as possible, we ought to see to

it, and the judgment of practical and sagacious men of affairs

everywhere would applaud us if we did see to it, that penalties and

punishments should fall, not upon business itself, to its confusion and

interruption, but upon the individuals who use the instrumentalities of

business to do things which public policy and sound business practice

condemn. Every act of business is done at the command or upon the

initiative of some ascertainable person or group of persons. These

should be held individually responsible and the punishment should fall

upon them, not upon the business organization of which they make illegal

use. It should be one of the main objects of our legislation to divest

such persons of their corporate cloak and deal with them as with those

who do not represent their corporations, but merely by deliberate

intention break the law. Business men the country through would, I am

sure, applaud us if we were to take effectual steps to see that the

officers and directors of great business bodies were prevented from

bringing them and the business of the country into disrepute and danger.

Other questions remain which will need very thoughtful and practical

treatment. Enterprises, in these modern days of great individual

fortunes, are oftentimes interlocked, not by being under the control of

the same directors, but by the fact that the greater part of their

corporate stock is owned by a single person or group of persons who are

in some way ultimately related in interest. We are agreed, I take it,

that holding _companies_ should be prohibited, but what of the

controlling private ownership of individuals or actually cooeperative

groups of individuals? Shall the private owners of capital stock be

suffered to be themselves in effect holding companies? We do not wish, I

suppose, to forbid the purchase of stocks by any person who pleases to

buy them in such quantities as he can afford, or in any way arbitrarily

to limit the sale of stocks to bona fide purchasers. Shall we require

the owners of stock, when their voting power in several companies which

ought to be independent of one another would constitute actual control,

to make election in which of them they will exercise their right to

vote? This question I venture for your consideration.

There is another matter in which imperative considerations of justice

and fair play suggest thoughtful remedial action. Not only do many of

the combinations effected or sought to be effected in the industrial

world work an injustice upon the public in general; they also directly

and seriously injure the individuals who are put out of business in one

unfair way or another by the many dislodging and exterminating forces of

combination. I hope that we shall agree in giving private individuals

who claim to have been injured by these processes the right to found

their suits for redress upon the facts and judgments proved and entered

in suits by the Government where the Government has upon its own

initiative sued the combinations complained of and won its suit, and

that the statute of limitations shall be suffered to run against such

litigants only from the date of the conclusion of the Government's

action. It is not fair that the private litigant should be obliged to

set up and establish again the facts which the Government has proved. He

cannot afford, he has not the power, to make use of such processes of

inquiry as the Government has command of. Thus shall individual justice

be done while the processes of business are rectified and squared with

the general conscience.

I have laid the case before you, no doubt as it lies in your own mind,

as it lies in the thought of the country. What must every candid man say

of the suggestions I have laid before you, of the plain obligations of

which I have reminded you? That these are new things for which the

country is not prepared? No; but that they are old things, now familiar,

and must of course be undertaken if we are to square our laws with the

thought and desire of the country. Until these things are done,

conscientious business men the country over will be unsatisfied. They

are in these things our mentors and colleagues. We are now about to

write the additional articles of our constitution of peace, the peace

that is honor and freedom and prosperity.

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