ndard Oil organization, they did their best to kill the
bill providing for the Bureau of Corporations. I got hold of one or two
of these telegrams and letters, however, and promptly published them;
and, as generally happens in such a case, the men who were all-powerful
as long as they could work in secret and behind closed doors became
powerless as soon as they were forced into the open. The bill went
through without further difficulty.
The true way of dealing with monopoly is to prevent it by administrative
action before it grows so powerful that even when courts condemn it they
shrink from destroying it. The Supreme Court in the Tobacco and Standard
Oil cases, for instance, used very vigorous language in condemning these
trusts; but the net result of the decision was of positive advantage to
the wrongdoers, and this has tended to bring the whole body of our law
into disrepute in quarters where it is of the very highest importance
that the law be held in respect and even in reverence. My effort was to
secure the creation of a Federal Commission which should neither excuse
nor tolerate monopoly, but prevent it when possible and uproot it
when discovered; and which should in addition effectively control and
regulate all big combinations, and should give honest business certainty
as to what the law was and security as long as the law was obeyed. Such
a Commission would furnish a steady expert control, a control adapted to
the problem; and dissolution is neither control nor regulation, but is
purely negative; and negative remedies are of little permanent avail.
Such a Commission would have complete power to examine into every big
corporation engaged or proposing to engage in business between the
States. It would have the power to discriminate sharply between
corporations that are doing well and those that are doing ill; and the
distinction between those who do well and those who do ill would
be defined in terms so clear and unmistakable that no one could
misapprehend them. Where a company is found seeking its profits through
serving the community by stimulating production, lowering prices, or
improving service, while scrupulously respecting the rights of others
(including its rivals, its employees, its customers, and the general
public), and strictly obeying the law, then no matter how large its
capital, or how great the volume of its business it would be encouraged
to still more abundant production, or better service, by
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