Page:The Wisconsin idea (IA cu31924032449252).pdf/29

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THE REASON FOR IT
5

control of a legislative and administrative problem. Americans do not want their judges to be legislators.

Yet a frenzy of judicial remedy seems to have seized us. We have all selected our favorite "trust busters," and the newspapers are full of stories of the deeds of these mighty men. The street corner orator yells "Bust them," "Dissolve them," "Imprison them."

Professor R. T. Ely, in his book on trusts, quotes newspaper headings of twenty years ago as follows:—


"Black Eye for the Trusts—Important Decision handed down in Chicago."

"The Standard Oil Trust has resolved upon dissolution."

"Pools are hit Hard—United States Supreme Court Upholds Sherman Act—Decision is a Surprise—Virtually Declares all Traffic Agreements Illegal—Competition will be Open—Managers greatly Concerned."

"Trusts in a Panic—Tobacco Combine Makes the First Important Surrender, etc."

"Trusts Busted—Far-reaching Effects of the Supreme Court Decision."


Familiar friends these, are they not?

As Professor Ely says:—


"Comment on these utterances of the press is scarcely necessary to-day. If there is any serious student of our economic life who believes that anything substantial has been gained by all the laws passed against trusts, by all the newspaper editorials which have thus far been penned, by all the sermons which have been preached against them, by all the speeches of politicians denounc-