Suits were brought against the most powerful corporations in the land, which we were convinced had clearly and beyond question violated the Antitrust Law. These suits were brought with great care, and only where we felt so sure of our facts that we could be fairly certain that there was a likelihood of success. As a matter of fact, in most of the important suits we were successful. It was imperative that these suits should be brought, and very real good was achieved by bringing them, for it was only these suits that made the great masters of corporate capital in America fully realize that they were the servants and not the masters of the people, that they were subject to the law, and that they would not be permitted to be a law unto themselves; and the corporations against which we proceeded had sinned, not merely by being big (which we did not regard as in itself a sin), but by being guilty of unfair practices towards their competitors, and by procuring fair advantages from the railways. But the resulting situation has made it evident that the Antitrust Law is not adequate to meet the situation that has grown up because of modern business conditions and the accompanying tremendous increase in the business use of vast quantities of corporate wealth. As I have said, this was already evident to my mind when I was President, and in communications to Congress I repeatedly stated the facts. But when I made these communications there were still plenty of people who did not believe that we would succeed in the suits that had been instituted against the Standard Oil, the Tobacco, and other corporations, and it was impossible to get the public as a whole to realize what the situation was. Sincere zealots who believed that all combinations could be destroyed and the old-time conditions of unregulated competition restored, insincere politicians who knew better but made believe that they thought whatever their constituents wished them to think, crafty reactionaries who wished to see on the statute-books laws which they believed unenforceable, and the almost solid “Wall Street crowd” or representatives of “big business” who at that time opposed with equal violence both wise and necessary and unwise and improper regulation of business—all fought against the adoption of a sane, effective, and far-reaching policy.
It is a vitally necessary thing to have the persons in control of big trusts of the character of the Standard Oil Trust and Tobacco Trust taught that they are under the law, just as it was a necessary thing to have the Sugar Trust taught the same lesson in drastic fashion by Mr. Henry L. Stimson when he was United States District Attorney in the city of New York. But to attempt to meet the whole problem not by administrative governmental action but by a succession of lawsuits is hopeless from the standpoint of working out a permanently satisfactory solution. Moreover, the results sought to be achieved are achieved only in extremely insufficient and fragmentary measure by breaking up all big corporations, whether they have behaved well or ill, into a number of little corporations which it is perfectly certain will be largely, and perhaps altogether, under the same control. Such action is harsh and mischievous if the corporation is guilty of nothing except its size; and where, as in the case of the Standard Oil, and especially the Tobacco, trusts, the corporation has been guilty of immoral and antisocial practices, there is need for far more drastic and thoroughgoing action than any that has been taken, under the recent decree of the Supreme Court. In the case of the Tobacco Trust, for instance, the settlement in the Circuit Court, in which the representatives of the Government seem inclined to concur, practically leaves all of the companies still substantially under the control of the twenty-nine original defendants. Such a result is lamentable from the standpoint of justice. The decision of the Circuit Court, if allowed to stand, means that the Tobacco Trust has merely been obliged to change its clothes, that none of the real offenders have received any real punishment, while, as the New York Times, a pro-trust paper, says, the tobacco concerns, in their new clothes, are in positions of “ease and luxury,” and “immune from prosecution under the law.”
Surely, miscarriage of justice is not too strong a term to apply to such a result when considered in connection with what the Supreme Court said of this Trust. That great Court in its decision used language which, in spite of its habitual and severe self-restraint in stigmatizing wrongdoing, yet unhesitatingly condemns the Tobacco Trust for moral turpitude, saying that the case shows an “ever present manifestation … of conscious wrongdoing” by the Trust, whose history is “replete with the doing of acts which it was the obvious purpose of the statute to forbid, … demonstrative of the existence from the beginning of a purpose
