This Nation should definitely adopt the policy of attacking, not the mere fact of combination, but the evils and wrongdoing which so frequently accompany combination. The fact that a combination is very big is ample reason for exercising a close and jealous supervision over it, because its size renders it potent for mischief; but it should not be punished unless it actually does the mischief; it should merely be so supervised and controlled as to guarantee us, the people, against its doing mischief. We should not strive for a policy of unregulated competition and of the destruction of all big corporations, that is, of all the most efficient business industries in the land. Nor should we persevere in the hopeless experiment of trying to regulate these industries by means only of lawsuits, each lasting several years, and of uncertain result. We should enter upon a course of supervision, control, and regulation of these great corporations—a regulation which we should not fear, if necessary, to bring to the point of control of monopoly prices, just as in exceptional cases railway rates are now regulated. Either the Bureau of Corporations should be authorized, or some other governmental body similar to the Interstate Commerce Commission should be created, to exercise this supervision, this authoritative control. When once immoral business practices have been eliminated by such control, competition will thereby be again revived as a healthy factor, although not as formerly an all-sufficient factor, in keeping the general business situation sound. Wherever immoral business practices still obtain—as they obtained in the cases of the Standard Oil Trust and Tobacco Trust—the Antitrust Law can be invoked; and wherever such a prosecution is successful, and the courts declare a corporation to possess a monopolistic character, then that corporation should be completely dissolved, and the parts ought never to be again assembled save on whatever terms and under whatever conditions may be imposed by the governmental body in which is vested the regulatory power. Methods can readily be devised by which corporations sincerely desiring to act fairly and honestly can on their own initiative come under this thoroughgoing administrative control by the Government and thereby be free from the working of the Antitrust Law. But the law will remain to be invoked against wrongdoers; and under such conditions it could be invoked far more vigorously and successfully than at present.
It is not necessary in an article like this to attempt to work out such a plan in detail. It can assuredly be worked out. Moreover, in my opinion, substantially some such plan must be worked out or business chaos will continue. Wrongdoing such as was perpetrated by the Standard Oil Trust, and especially by the Tobacco Trust, should not only be punished, but if possible punished in the persons of the chief authors and beneficiaries of the wrong, far more severely than at present. But punishment should not be the only, or indeed the main, end in view. Our aim should be a policy of construction and not one of destruction. Our aim should not be to punish the men who have made a big corporation successful merely because they have made it big and successful, but to exercise such thoroughgoing supervision and control over them as to ensure their business skill being exercised in the interest of the public and not against the public interest. Ultimately, I believe that this control should undoubtedly indirectly or directly extend to dealing with all questions connected with their treatment of their employees, including the wages, the hours of labor, and the like. Not only is the proper treatment of a corporation, from the standpoint of the managers, shareholders, and employees, compatible with securing from that corporation the best standard of public service, but when the effort is wisely made it results in benefit both to the corporation and to the public. The success of Wisconsin in dealing with the corporations within her borders, so as both to do them justice and to exact justice in return from them toward the public, has been signal; and this Nation should adopt a progressive policy in substance akin to the progressive policy not merely formulated in theory but reduced to actual practice with such striking success in Wisconsin.
To sum up, then. It is practically impossible, and, if possible, it would be mischievous and undesirable, to try to break up all combinations merely because they are large and successful, and to put the business of the country back into the middle of the eighteenth century