“Yes,” the Attorney-General replied; “our own trust legislation is nothing more than a modern repetition of certain laws which centuries ago were in force in England, and were designed to prevent the formation of co-partnerships in business.”

“Yet partnerships were formed in spite of the law, were they not?” insisted Kenmore, “and it was discovered that the prices of goods did not go up.”

“We are digressing,” the senator from New York interrupted.  “As I understand it, we are concerned with the present rather than the past.”

“I am glad you realize that,” Gorham responded, “for it has a considerable bearing upon the situation.  In the past, the public has been opposed to the organization of industry, and properly so, since it has meant the secret rebates, the limiting of output, the ‘fake’ independent companies, and the stealing of competitors’ secrets; but to-day there is a changed public sentiment, and perhaps I may be pardoned if I say that I believe the Consolidated Companies has played its part in bringing this about.  The magazines have turned from muckraking to articles instructing their readers in finance; the anti-trust orator is speaking to empty seats; and intelligent lawmakers, who once considered ‘corporation’ as a synonym for ‘crime,’ now carefully distinguish between the honest and the dishonest organization.  The Administration is elected by the people to exercise the will of the people, and it is the will of the people to-day that honest combinations be permitted, in order to reduce the cost of the necessities of life.”

“It is a conflict between a literal interpretation of the law and industrial progress,” added Senator Kenmore, “and the law as it stands does not appeal to justice nor does it express American public sentiment.  Bigness, in commerce and industry, has now come to be associated with progress.  Production on a large scale is justified by its economy and efficiency when brought about through the free play of economic forces.  It would be just as ridiculous to oppose the ever-increasing demand for machinery.”

“To what point is all this leading us?” asked Senator Hunt, impatiently.  “These one-sided arguments may be interesting to those who agree with them, but my question still remains unanswered:  why does not the Government enforce the law equally against one offender as against another, since by that law both are offenders?”

“Senator Kenmore, the Attorney-General, and I have endeavored to answer your question to the best of our ability,” Gorham replied, “and I, for one, regret to have failed in my endeavor.  We all agree, I am sure, that the Government has a plain duty to perform, but we do not understand that duty to be the prevention of honest and beneficial combination.  The Consolidated Companies has led the way in seeking publicity and preserving equality, and in insuring public participation in the benefits accruing from the combinations which it effects.  If other trusts do likewise, I have no doubt that they will be as ‘immune’ as you have been pleased to call the Consolidated Companies.”