Am.  Jour.  Ph^rm.  | 
March,  19 18.  > 
Editorial. 
159 
The  authority  of  the  national  government  and  of  the  state  gov- 
ernments has  been  so  repeatedly  exercised  in  the  fixing  of  rates  for 
public  services  that  the  authority  for  such  action  is  now  no  longer 
questioned.  Even  more  frequently  have  the  officers  of  the  govern- 
ment, by  arbitration  or  otherwise,  determined  wages  and  standard- 
ized prices  for  commodities.  The  laborer  is  worthy  of  his  hire  and 
should  receive  an  equitable  recompense  for  his  service  and  the 
tradesman  deserves  the  same  fair  treatment  and  should  be  guaran- 
teed his  overhead  expenses  and  a  just  return  on  his  capital  invested 
and  compensation  for  service  rendered.  As  an  essential  element  of 
society,  the  merchant  expects  due  consideration  of  his  necessities 
for  the  successful  carrying  on  of  his  part  of  the  nation's  work. 
A  number  of  schemes  aiming  at  price  protection  in  the  interest 
of  the  merchant  alone,  have  been  attempted  from  time  to  time. 
Most  of  these  were  only  too  apparent  subterfuges  to  circumvent  and 
defeat  the  purpose  of  the  Sherman  Act,  and  consequently  these 
failed  to  withstand  testing  in  the  courts.  It  is  becoming  more  and 
more  apparent  that  such  artifices  are  not  the  proper  weapons  and 
that  the  merchants  who  are  seeking  relief  from  the  evils  of  unscru- 
pulous price-cutting  and  its  associated  unconscionable  profiteering 
must  secure  this  by  Congressional  enactment  of  another  "  fair  trade 
law  "  that  will  make  it  possible  to  control  retail  price-fixing  so  as  to 
be  beneficial  to  the  tradesmen  and  work  no  injury  to  the  consumers. 
The  suit  instituted  by  the  Attorney-General  of  the  United 
States  against  Colgate  and  Company  alleging  violations  of  the  Sher- 
man law  raises  some  new  contentions  and  it  becomes  a  grave  ques- 
tion if  the  Department  of  Justice  is  not  endeavoring  to  extend  the 
provisions  of  this  act  beyond  the  intent  of  Congress  in  its  enactment. 
This  well-known  firm  market  an  extensive  line  of  products 
consisting  of  perfumes,  soaps  and  toilet  articles.  For  many  years 
they  have  published  a  price  list  and  in  this  appears  opposite  to  each 
item  the  minimum  price  which  they  ask  their  customers  to  observe 
in  the  retailing  of  such  article  and  the  company  reserves  the  right 
to  accept  direct  orders  only  from  those  who  do  not  sell  these 
products  below  the  minimum  prices  named.  It  is  not  alleged  that 
Colgate  and  Company  coerce  dealers  or  prevent  them  from  securing 
supplies  of  Colgate's  products  or  of  other  goods  elsewhere  or  that 
there  is  any  combination  with  any  other  person  or  firm  to  control 
prices  on  similar  lines  of  products. 
The  minimum  prices  named  in  the  price  list  are  as  a  rule  below 
