Omaha daily bee., 1889-05-04
CONTROL OLE pRNSTS.

Every suggestive thought on the
question of how to deal with trusts
should receive careful consideration.
This question is at present commanding
wide and serious discussion. 1t is prom
ineut in the minds of publicists and peo-
pie in Europe and Canada. as we'll as in
the United States. The disastrous col
lapse of the copper syndicate in France
has made the subject of such combina-
tions one of great interest there. In
Germany the government has been
called upon to consider what shall be
done to arrest the growth of syndicates,
whose policy is believed to be largely
responsible for the financial and indus
trial depression in that country. In
England the formation of trusts has at-
tracted the attention of statesmen, and
the Canadian government has been
considering what action it shall take to
suppress combinations there. Thus the
subject has become Of nearly universal
interest, and nowhere is it OF greater
concern to the people than in the United
States, where the new form Of monopoly
has its largest and most aggressive de-
velopm ent.
A leading lawyer OF Philadelphia, in
communication to the Record OF that
city, lucidly points out the methods
within the power of the states for curb
ing the injurious operation OF trusts
and for preventing their future forma-
tion. He remarks that the cornerstone
of the new structure is the legal capac-
ity of one person becoming the sole
owner OF all the property there is, or
can be produced, in the world. For
this, English and American law has
suggested no remedy. Its impractic-
ability is the protector, and the only
one, against such an evil. The impos-
sibility of any one man controlling, by
ownership, all the property, even of one
species, in the world-wheat, corn,
sugar. etc.-is a sufficient protection for
the present. The result of the attempt
at monopolizing any one product is so
uniformly ruinous that men having the
means that might justify the hope of
success, are too we'll trained to make
the attempt. In this direction, says the
writer from whom we quote, lies the
TClnSut uiluI Dc dpplleu.
The remedy proposed is to prohibit
the use of those artificial contriv-
| ances that have been given to
the commercial world by the state
to relieve it from the dangers in
cident to the use of merely natural
powers. Passing over partnerships
as being natural agencies whose dam
rastrintn1 hu hn
perils attendant on their exercise, there
are two modern contrivances by which
men are enabled to combine for power
almost indefinitely and yet limit the
stake. These are charters and limited
partnerships. 1t is hela that these arti-
fetal creatures of the state actually OPP
press the community; that the means of
oppression to an indefinite extent are
actually presented to all who see fit to
use them, and that without this machin-
cry the evil could not have existed.
1t is in limited partnerships, but more
| especially charters, that the danger lies,
and one OF the measures suggested is
the making OF all stockholders liable as
partners for ell transactions by or for ac-
count of the corporation not authorized
oy the charter. That is, apply the law
OF partnership to them. Another meas
ure is to create liability for all
acts in the corporate name and de-
stroy ull rights arising out of such
contracts. In addition make all con-
tracts by which factories owned by one
set OF persons can be controlled by
another, as to working or lying idle, or
being connected in dealings, prima face
proof OF an illegal combination. These
are the vulnerable points OF attack and
the weapons that are in the hands of
the community, and very likely they
would be found effective in accomplish
inpN the end desired if the stnLe trnnld