Each individual should be allowed to do as he or she wills as long as it doesn t infringe on the rights of another person.

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Laissez faire Term originated in France during the Enlightenment Based on the idea that the government should not intervene in business or the economy; instead natural law or market forces would regulate Adam Smith popularized the term and concept in his book Wealth of Nations in 1776 This approach was embraced by industrialists during this era who did not want the government to regulate them in any way 3

Herbert Spencer Social Darwinism Each individual should be allowed to do as he or she wills as long as it doesn t infringe on the rights of another person. Spencer, an Englishman, was a philosopher who is best remembered for his ideas that have become known as Social Darwinism. Social Darwinism advocated laissez-faire capitalism, an economic system that allows businesses to operate with little government interference. Spencer believed that competition was the law of life and resulted in the survival of the fittest, a phrase he invented not Darwin. Spencer argued in his various writings that society is best served when its fittest members operate without opposition. Like Darwin, Spencer believed that individuals genetically pass on their learned characteristics to their children. This meant the fittest persons inherited positive qualities such as intelligence, the desire to own property, and the ability to accumulate wealth. On the other hand, the unfit inherited laziness, stupidity, and immorality. Spencer argued that the number of unfit would eventually disappear because of their inability to effectively compete with the fit. He was against any government aid to the poor because it interrupted the correct evolution of 4 civilization.

Spencer s Social Darwinism Opposed government aid to the poor because he believed it bred immorality Against a public school system since it forced taxpayers to pay for the education of other people's children Opposed laws regulating housing, sanitation, and health conditions because they interfered with the rights of property owners Disease was punishment for the ignorant and should not be tampered with Against most taxation because it interfered with the natural evolution of society Advocated a laissez-faire system in which there was no government regulation of private enterprise Spencer was against any legislation that regulated working conditions, maximum hours, and minimum wages because they interfered with the property rights of employers. He believed labor unions took away the freedom of individual workers to negotiate with employers 5

American scholars like sociologist William Graham Sumner were also advocates of Social Darwinism. He praised the new class of industrial millionaires. Sumner argued that social progress depended on the fittest families passing their wealth to the next generation. Sumner was a strong believer in an extreme laissez-faire philosophy. He argued that government had no role in the economy. Instead the economy was guided by natural laws. Regulation of any sort, including tariffs, hindered the natural development and evolution of civilization. Sumner believed that humans were born with different capacities and the weaker would be eliminated naturally. Interference by reform groups or the government would hinder the natural selection (similar to plants and animals) of society. 6

Individualism The idea that a person should not rely upon others for success This philosophy was evident from the beginning of United States history Author Horatio Alger made this concept the theme of his books in which a poor young man is able to create wealth and success through his hard work Later the term rugged individualism becomes popular Horatio Alger 7

Business climate of the mid-late 19 th century The government did not regulate business in the late 1800s. The popular philosophies of laissez faire, Social Darwinism, and individualism dictated much of the economic policy during this era. This easy environment for business led to domination by a few individuals who possessed the capital and resources necessary to control industries. At first this growth appeared good for the entire nation, however the unfair treatment of workers, wide scale bribing of public officials, and cutthroat tactics to close small businesses and eliminate competition led many Americans to distrust big business at the turn of the century. 8

Another factor that allowed huge growth in business and industry was the large population increase between 1850 and 1900, which supplied a rising demand for new products at low prices. 80,000,000 70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000 0 1850 1860 1870 1880 1890 1900 9

Railways were the first industry to consolidate By 1881 Jay Gould controlled nearly 15% of all railway mileage in the U.S. He did this after beating Vanderbilt in the Erie War when he began expanding lines west of New York. He also took over other railway lines that were owned locally and purchased the Union Pacific line. Although his bid for nationwide control over the railways failed due to his inability to manage a business once he acquired it, he provided the model followed by many others for large scale consolidation of an industry. 10

Major terms defined Capital: mostly money, but also property, and other valuables as resources to which a person or a company has access. Corporation: a type of business organization where a group of individuals apply for a license or charter from a state and stock in the company is sold to investors. Dividends: a share of the profits of a corporation issued to its stockholders. Pool: a group of companies, in the same industry, that combine to fix prices and otherwise manipulate the industry to their advantage. Monopoly: domination of all aspects of an entire industry by a single individual, or corporation. Trust: a combination of different corporations where the major stockholders turn over their stock to a board of trustees who operate the companies in the stockholders behalf and promise dividend payments in return. This allowed the trust to operate on a large scale and dominate entire industries. 11

Corporations A corporation was formed when a group of people requested a charter from the state legislature that provided them with a set of legal rights and (presumably) responsibilities. State law treated the corporation as an individual. Unlike a partnership, in which liability ran high for individual investors, the corporation involved limited liability. Limited liability makes individual investors legally liable only for their share of the investment. In partnerships, if a partner skips town or dies, the other partners are liable for any outstanding debts. In corporations, if an individual investor dies no other investors are affected. If the corporation goes bankrupt, the law only required investors to foot the bill for a percentage of their investment. As corporations became more common in the mid-nineteenth century, the opportunity for wide numbers of people to invest in business greatly expanded, for individual investors could now invest without the fear of total liability. Another important result of the corporation revolution was that corporations became "immortal." Most state laws allowed corporations to buy, sell, and inherit property; thus, they took on their own identity. Individual investors may come and go, but the corporation has an indefinite lifespan. 12

Corporate status under the law in the late 1880s In the Santa Clara County vs. Southern Pacific Railroad case in 1886 over a rail bed route, the U.S. Supreme Court declared that a private corporation was a "natural person" under the U.S. Constitution and therefore entitled to protection under the Bill of Rights. This gave a corporation all of the constitutional rights of a person. This equated to a corporation having immense powers when compared to the right of an individual person, since they have access to more resources to fight battles in court or give campaign donations to a politician. Thus, the power at the end of the 19 th century was balanced in favor of corporations, not individuals. This protected legal status combined with the unregulated business climate led to millions of men, women, and children working for long hours with low pay in dangerous conditions. There were few work-safety regulations, no worker compensation laws, no company pensions, and no government social security. Around 1890, the U.S. Supreme Court began aggressively backing laissez-faire capitalism. Supreme Court Justice Stephen J. Field asserted that the Declaration of Independence guaranteed "the right to pursue any lawful business or vocation in any manner not inconsistent with the equal rights of others.... The Supreme Court ruled as unconstitutional many state laws that attempted to regulate such things as working conditions, minimum wages for women, and 13 child labor.

Large corporations developed in two major ways: horizontal or vertical integration Horizontal integration is the growth of a business through acquiring additional business activities in the same industry. A business either combines with other similar companies or buys them, called mergers and acquisitions. The benefits to the firms that horizontally integrate include cheaper operating costs because production is on a larger scale, increased market control of the product including over suppliers and distributors, and greater control over treatment of workers. An example of this form of expansion would be Standard Oil s acquisition of almost all oil refineries around the U.S. Vertical integration is the growth of a business through the acquisition of the materials that make the product, the factories that manufacture the products including the machines needed to produce the product, as well as the distribution channels to take the product to market. This allows the business to control all aspects of the industry and provides large profits. An example would be Carnegie Steel s control of raw materials, production of steel, transportation, and companies that made 14 products out of steel.

How trusts worked A trust was a business entity designed to create a monopoly over an industry. Some were formally organized as trusts under the law. They were created when corporate leaders convinced, often through coercion, the shareholders of all the companies in one industry to turn over their shares of a corporation to a board of trustees, in exchange for dividendpaying certificates. The board would then manage all the companies in "trust" for the shareholders. This translated to an emphasis on the elimination of competition in the process of managing all of the companies in order to maximize profits. Eventually the term was used to refer to monopolies in general. The monopoly, represented by a pig, is trying to steal the world away from the poor man through the control of major industries such as mining, railroad, telegraph, telephone and 15 others.

The oil industry was consolidated into a trust John D. Rockefeller created his oil empire initially through regional consolidation. By 1872 he controlled all of the 34 other refineries in the Cleveland area. Two years later Rockefeller purchased the 3 other largest refineries in the U.S. which gave him control of 90% of the refining capacity in the nation. The Standard Oil Company was challenged in 1879 by Pennsylvania anti-monopoly laws when officials of his company were indicted, however the case did not go to court. Standard Oil Trust was then formed to allow them to legally operate across state boundaries which gave them almost complete control over refineries and oil pipelines in the U.S. In 1892 the Ohio Supreme Court prohibited Standard Oil Ohio from operating so they moved their headquarters to New Jersey. 16

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Anti-trust political cartoons 18

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