News

When Professors Speak Out, Some Students Stay Quiet. Can Harvard Keep Everyone Talking?

News

Allston Residents, Elected Officials Ask for More Benefits from Harvard’s 10-Year Plan

News

Nobel Laureate Claudia Goldin Warns of Federal Data Misuse at IOP Forum

News

Woman Rescued from Freezing Charles River, Transported to Hospital with Serious Injuries

News

Harvard Researchers Develop New Technology to Map Neural Connections

English VI.

NO WRITER ATTRIBUTED

Question: "Resolved, That all trusts and combinations intended to monopolize industries should be prohibited."

Brief for the Affirmative.W. M. TROTTER and J. W. WORTHINGTON.

Best general references: James F. Hudson in N. A. Review, vol. 144, p. 277 (Mar. 1887); Albion W. Tourgee in N. A. Review, vol. 157, p. 30 (July 1893); Nation, vol. 47, p. 125; vol. 44, p. 381; vol. 45, p. 68; vol. 48, p. 108; vol. 49, p. 186; Unitarian Review, vol. 26, p. 522-529; H. D. Lloyd, Wealth against Commonwealth.

I. Monopolies are unnecessary. - (a) Concentration of capital possible without trusts. - (1) Trades are sufficiently large to admit several great competitors. - (b) Monopoly is not necessary to resist labor organizations. - (1) Labor unions have not complete monopoly of labor. - (x) Strikes often a failure. - (2) Union to resist labor possible without trusts.

II. Trusts are an economic evil. - (a) Limit natural production: Nation, vol. 49, p. 186 (Sept., 1889). - (b) Destroy competition. - (1) Absorb all large producers. - (2) Crush smaller rivals; Pop-Science Monthly, vol. 34, p. 19 (Mar., 1889). - (c) Raise prices: N. A. Rev. vol. 144, p. 277 (Mar., 1887).

III. Trusts are a social evil. - (a) Wealth in the hands of a few: Nation, vol. 48, p. 108. - (b) Individual enterprise discouraged: Nation, vol. 45, p. 61. (1) Small capitalists driven out. - (2) Independent producers made dependant. - (3) Tyrany of trusts over dependants. - (c) Irresponsibility. - (d) Unscrupulous use of power. (1) Standard Oil Co. - (e) Interference in politics: Quart. Rev. vol. 131, p. 460-492.

IV. Prohibition of trusts is practicable. - (a) It is constitutional. - (1) Congress has power over interstate commerce: Constitution, Art. 1, Sec. 8, S 3. - (2) Jurisdiction of U. S. Courts sufficiently extensive: Const., Art. I, Sec. 8, S 8, S 9; Art. III, Sec. 2, S 1, S 2, S 3. - (3) Executive can assist: Art. II, Sec. 3. - (4) State has jurisdiction in its territory. - (b) It is applicable. - (1) Law may be made sufficiently stringent to reach trusts effectually.

V. Prohibition is desirable. - (a) Other methods are insufficient. - (1) Mere government regulation inadequate: Quart. Rev. vol. 131, p. 470-492.

Brief for the Negative.W. L. VAN KLEECK and W. B. WOLFFE.

Best general references: Pol. Sci. Quar. 3-385, (1889) ibid 3-592; Forum, 5-584, (1888); ibid, 8-61, (1889-90); New Englander, 52-223, (1890); ibid, 52-343; S.C.T. Dodd, combinations, their Uses and Abuses.

I. Trusts are not in themselves illegal. - (a) Contrivances of every day occurrence in common law. - (b) Right of stockholders to place stock in hands of trustees undeniable. - (c) Abuses of trusts are amenable to law; New Enlander, 52, 360 ff. - (d) States able to provide against all now observances of the law.

II. Trusts are a natural result of industrial conditions. - (a) Lower prices caused by overproduction. - (b) Opposition of labor to corresponding reduction of wages. - (c) Organized for self protection as offset to trade unions. - (d) Trend of all industry is toward combination, W. Gladden, "Tools and the Man," ch. on "Collapse of Competition."

III. Trusts are not harmful. - (a) They can never maintain abnormal prices. - (1) Competition, latent or active, is always a check. - (2) Too great increase of prices lessens demand. - (b) Profits are enlarged by cheapening cost of production not by raising prices. - (c) Regime of combination is less harmful than one of free competition: Forum, 8:67 - (d) Trusts differ from corporate and individualistic forms of industry only in size and complexity. - (e) Popular prejudice is illogical. - (1) Classes most injured by competition are loudest in denouncing trusts.

IV. Trusts are of positive economic advantage. - (a) Decrease cost of production. - (1) Competition is wasteful. (2) Improved methods. - (b) Prevents overproduction. - (1) Regulate supply to demand - (c) Steady labor. - (d) Prevent ruinous competition. (e) Increase consumption. - (1) Facilities of transportation. - (2) Lower prices. - (f) Prices may rise temporarily, but fall steadily afterward.

Want to keep up with breaking news? Subscribe to our email newsletter.

Tags