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- Xref: sparky soc.history:9600 misc.legal:20200 sci.econ:8777
- Path: sparky!uunet!optilink!cramer
- From: cramer@optilink.COM (Clayton Cramer)
- Newsgroups: soc.history,misc.legal,sci.econ
- Subject: Re: Libertarians in WW2 -> antitrust
- Message-ID: <13274@optilink.COM>
- Date: 19 Nov 92 05:57:35 GMT
- References: <1992Nov16.013012.21277@gordian.com> <JMC.92Nov17223139@SAIL.Stanford.EDU>
- Organization: Optilink Corporation, Petaluma, CA
- Lines: 78
-
- In article <JMC.92Nov17223139@SAIL.Stanford.EDU>, jmc@SAIL.Stanford.EDU (John McCarthy) writes:
- > Ted Frank says, and Clayton Cramer replies as follows:
- >
- > > We'll even leave aside the argument that the Sherman Act had a positive
- > > effect on the economy in its first forty years.
- >
- > How could it? Into the 1920s, corporations weren't subject
- > to the Sherman Act -- only unions were. Remember how the
- > 14th Amendment was perverted to find that corporations were
- > "persons", and therefore exempted?
- >
- > The Encyclopedia Britannica 14th edition in its article _Petroleum_
- > says:
- >
- > In 1900 the total net assets of the Standard organization
- > were listed as $209,408,449.09. In 1911, as a result of
- > U.S. antitrust legislation, the organization was broken up
- > into more than 30 companies. Rockefeller resigned as
- > president of the Standard Oil Company (New Jersey), which
- > had been incorporated in 1882 under a slightly different
- > title and which was the holding company for the group.
- >
- > Besides that AT&T was prevented from completing its telephone
- > monopoly and had to leave telegraphy to Western Union.
- > There's more if you want to look for it.
- > --
- > John McCarthy, Computer Science Department, Stanford, CA 94305
-
- I may have overstated the extent to which the 14th Amendment was
- used to vitiate the Sherman Antitrust Act, but not by much. I
- also appear to have been about 10 years off about when it was again
- made useful for its intended purpose:
-
- The first case to reach the Supreme Court under the act,
- _United States_ v. _E.C. Knight Company_ (156 U.S. 1),
- settled in 1895, seriously limited its scope and effective-
- ness. The American Sugar Refining Company, through contracts
- with four other companies, controlled 94 percent of the
- manufacture of refined sugar in the United States. The
- government brought an antitrust suit, contending that this
- near-monopoly control of production constituted a restraint
- of trade.[Forrest McDonald, _A Constitutional History of the
- United States_, (Malabar, FL, Robert E. Krieger Publishing:
- 1986), 163]
-
- The decision in the _Knight_ case did not declare the Sherman
- Act unconstitutional, but it limited its applicability mainly
- to railroads. Indeed, the act was applied to railroads a
- few months later, in a way that surprised many people: to
- stop a strike by a labor union.[McDonald, 164]
-
- Of more immediate importance was the stimulus the _Knight_
- ruling gave to business consolidations... At the time of the
- _Knight_ decision, there were only a dozen important
- industrial combinations in America and their total capitalization
- was but half a billion dollars. By 1904 there were 318
- industrial combinations, representing the merger of 5,300
- separate plants with a total capitalization of more than
- $7 billion... Truly, the age of big business had dawned.
- [McDonald, 165-166]
-
- Meanwhile, of the forty-three other antitrust actions brought
- by the Roosevelt adminstration, only one resulted in a major
- victory for the government and a significant ruling by the Court.
- [McDonald, 168]
-
- McDonald also goes to discuss the continuing successful use of the
- Sherman Antitrust Act against labor unions, and how Congress
- eventually clarified the Sherman Act with the Clayton Antitrust
- Act and the Federal Trade Commission Act, in 1914.[McDonald, 183]
-
- The Sherman Antitrust Act would appear to have been largely
- unsuccessful in breaking up combinations in restraint of trade
- until Standard Oil and the American Tobacco Company cases in 1911.
- [McDonald, 182]
- --
- Clayton E. Cramer {uunet,pyramid}!optilink!cramer My opinions, all mine!
- "Foxes prefer rabbits with short claws." -- Nadja Adolf
-