and unlawful.

So much for the alleged uncertainty of the law. Candid men must agree
with President Taft that in the light of the Supreme Court decisions it
is reasonably clear what the Sherman Law means. But the fact that "the
business community now knows or ought to know where it stands" with
respect to the law does not greatly help the business situation. The
real difficulty lies, not in the uncertainty of the law, but in the fact
that the law does not fit actual present-day conditions. This is partly
because many of the trusts were organized with full knowledge that they
involved a violation of law but in the belief that the law could not or
would not be effectively enforced. The realization that this belief was
mistaken has thrown a good many people into a state of very genuine
bewilderment, but it is an uncertainty, not as to what is firm ground,
but as to how to get out of a bog, once having gotten in. For the most
part, however, the general feeling of insecurity is due not so much to
having knowingly overstepped the law, as to a change in economic
conditions. The spirit of the time is one of coöperation and
combination. It is manifested in the churches and colleges as well as in
the marketplace. In the industrial arena, the tendency has been
intensified by the invention of new machines and the resulting
aggregations of fixed capital in forms designed for particular uses and
incapable of diversion into other channels. Such rules of the common or
customary law as were the outgrowth of an era of mobile capital and free
competition no longer fit the conditions under which we are living.

In a conflict between economic forces and legal enactment there can
finally be but one outcome. The law must sooner or later adapt itself to
life conditions. The real problem to-day is--how shall this adaptation
be accomplished; how can statutes be framed which shall check abuses