The Indianapolis journal., 1888-08-15
THE FIPTIETH CONGRESS-.
Senator Sherman Talks Instructively Con-
cerning the Trusts and Legislation.


Senator Sherman Talks Instructively Con-
cerning the Trusts and Legislation.
WASHINGTON. Aug l4-Mr. Reagan intro
duced bill to define trusts and to provide Tor
the punishment Of persons connected with them
or carrying them on; and moved It's reference to
the committee on the judiciary.
Mr. Sherman suggested its reference to the
committee on finance, which had already
charge OF the same subject. under instructions
to inquire and report whether any remedy can
be found for such trusts and combinations
Mr.. Reagan said he had no objection to tbs
reference to the committee on finance. as the
subject was now before that committee
Mr. Beck said thLt the committee on finance
had it's hands pretty full now and was likely to
have its hands full up to the end Of the sss-
sion. He did not believe that that committee
could look into the matter, aud he thought 1t
should be referred to the committee on COM
merce the Judiciary.
Mr.. Reagan said be had indicated the judiciary
committee because the bill involved interesting
and important questions Of law.
Mr.. Sherman repeated thas the committee on
finance had been already charged with the con-
siderstion of the subject; and he had himself
given some attention TO 1t, in order TO see how
far 10 was within the constitutional power or
Congress to prohibit trusts and combinations IN
restraint of trade. 1t was very clear that there
such power in Congress to be derived
from Its power to raise and collect taxes. 1t
was power which mighs be exercised by each
State for itself. Similar laws had been enacted
10 England and other countries. Indeed. there
were in Blackstone's Commentaries denunca-
tions of trusts and monopolies as strong as
could be written in the English language
Whether such laws could be engrafted by ma
tional authority on the statute book OF the
- -.
ernnent. there was some doubt II it could be
done at all, 1t would have to be done on q tariff
or revenue bill. He did not see in what other
way Ii could be DONE The difficulty was that
some of the most dangerous of such combina-
tions like the Standard Oil Company grew out
of matters that were not taxed. II was certain
that where such combinations grew out Of the
revenue laws-like the sugar trust one OF the
most dangerous and wrongful trusts ever or
ganized in the country-it could be legislated
against by Congress, and perhaps the best way
was 70 Jet the matter 60 whore the Senate had
already sent it, to the committee on finance.
If such provisions as would be reported from
that committee were not deemed wise, or IL it
were thought best to take the opinion OF the
judiciary committee on their consttutionality
and efficiency, he would have objection to
their being referred TO that committee. AS
matter OF course any legislation on the subject
of trusts or combinations in restraint OF trade
must grow out OF revenue laws, otherwise 1t
would not be within the power of Congress to
deal with them.
Mr.. Reagan said that the dill was framed with
a view of avoiding the constitutional difficulty
of assuming to legisate on matter Of State
jurisdiction. There was also difficulty in de-
fnine what trust was and in providing appro-
pirate penalties. He was willing to leave the
reference of the bill to the Senate.
After some further discussion the bill was re-
ferred to the committee on finance.
Mr.. Reagan also introduced bill, which was
referred to the committee on commerce. requir-
ing the officers and at least three quarters of the
crew of every United States merchant, whaling
or fishing vessel to be either native born or
nsturalized citizens of the United States
The resolution offered some time since by Mr..
Chandler, instructing the select committee on
Indian traders to continue it's Investigations
during the recess, was reported back and agreed
The House bill granting the right Of way to
the Yankton 81 Missouri River railway through
the Yankton reservation in Dakota was takea
from the calendar and passed. with some formal
The Senate then, at 1920 p NJ, by a vote Of
"a to 20, resumed consideration of the fisheries
treaty in open executive session, and was
addressed by Mr.. Morgan.
Having quoted from Mr.. Chambers speech
some extracts rejecting the Secretary OF
State, Mr.. Morgan spoke OF Mr.. Bayard as o
man Of splendid bearing and OF immaculate
honor, IN whose presence some American citi-
zens who esteemed themselves very hiahly
''withered-" The tongue Of scandal. Mr.. Nor
gan said, had been let loose in this debate in
way which might convince the world that when
tho Senate sat with closed doors nothing but the
scorpions whip WAS applied to the backs Of
American citizens who had been nominated for
Office, who had taken q part in negotiating
treaties He would say however, that this open
and public exhibition. induced and compelled by
the necessities Of the political situation, was the
very first occasion that he had known such things
to be said and done. He prayed God that Senators
would be speedily sent back 10 the seclusion in
which their fathers had put them one hundred
years ego. when they might have an opportuni-
ty Of affecting each others minds in debate by
logic, and argument, and reasoning, instead Of
bsing forced into that dirty condition where pol
itics led them to scatter their flth among the
mobs. and howl around the stumps.
In the discussion of the question of fresh fish,
Mr.. Beck suggested to Mr. Morgan the fact that
while the tariff bill was pending in the House
no New England members had ventured TO Of
fer an amendment imposing . tax on fresh fish,
and that therefore the President could not. un-
der the retaliatory law. place inhibition fresh
fish, but would have, if he intsrfered with Can
adisn trade at all. to stop the subsidies paid by
Canadian railroad companies to railroad COM
panies in Maine and Vermont
Mr.. Morgan assented to this proposition, and
remarked that the New England Senators and
owners of fishing vessels had thought they were
putting mp the smartsst sort Of job Iu trying to
use the treaty-making power to issue procsma-
tions OF non-intercourse as q means OF prohibit
Ing the lntroductOn or rree ush. 1t was case
OF mere artifce and fnesse.
The Senate then resumed consideration of
legislative business.
Mr. Sherman introduced bill to declare un-
lawful trusts aud combinations in restraint of
trade and prod uction, and had it referred to the
committee on finance.
After an executive session the Senate ad-
journed.
Proceedings of the House.
m 81
Hovey. OF Indiana the Senate amendment was