New-York tribune., 1890-03-22
STRIKING AT TRUSTS.
MR.. SHERMAN'S MEASURE, IN IT'S AMENDED
FORM, DEBATED IN THE SENATE.

,RY rfLECnAPH 10 THiBuNE.l
Washington March u THE sherman Anh-lruS' DILL
In its amended form, to-day took the place OF 'he
Blair bill on the senate calendar as unfinished buNi-
ness and viii have the right Of way until disposed
Of after O'Clock Of each days session. The nature
Of the substitute now offered by the Committee on
Finance for action by the Senate will be made clearer
and more intcciblc than il seems now on a nasty
reading 10 the casual follower Of legislation by com
parison with the original bill introduced last pecem
Der by Mr.. sherman, which was withdrawE because Oh
constitutional objections made against H. both pAis
are short and the prohbitive sections OF each may
be given here in full That in the original bill Is as
follows:
ne II enacted bv the Senate and House Of Representa-
tIves Of the United OF America in Congress s9
sembled . q,
THAT all gcmen,s contracts. agreements trusts oi
combinations between person, or coIpora'ionS m"do "i
x,cv or which tend prevent full and free conpu'c"
in tho importation transportation or sale OF articles III
,or,cd into the United States or in the lroducoh manu-
facturc or sale article. OF domestic growth or pfouu
,lo, or domestic raw material that conPtes win any
similar article upon which duty il levied by the Vheu
States or which shall be transported from one S'a'o "
Territory to another; and all arranrem'h'N' co0''
,c,eemcpts trusts or between persons OF
corporatons designed which tend to advance .ne 0os
70 the consumer Of any such articles. hereby dcclaou
to be against public policy. unlawful and VOID
The nrohbjtivc part of the substitute reads thus;
That all arrangements contract agreements trusts or
- ho,h q, different STATES between two or more ct
zeps or corporations. or both Of the 'niteu N'S" au
foreign States citizens corporations 'h'feoi ""'
with n view or which tend. 70 prevent fui ana Hee COM
netit,on In the importation. transportation or Sae OF a
40, ,,ror.od into the United States with view, or
which tend to prevent fun and free competition IN at'c
Of growth production manufacture OF any Sla'c OF o
ritory Of the United States, with similar ar''io' " w
crovb nrodncon or manufacture Of any other Sste or
Territorv or in the transportation OF sale Of Ike Articles
,ha rroducon 90 anv State Territory OF the Oh""
states into or within any other State or Ierri'o'!
~ the United States and all arrangements trusts OF COM
bnatons between such citizens or corporations mao" WIN
a view or which tend. to advance the cost !" u'c '
rar ~ any such article arc hereby declared 10 Dc
against public policy, unlawful and void ana ehe .i'c"
Court Of the United States shall have original
~ all suits Of a civil nature at common Ia" OF vi ce'
Arising under this section and to issue all reneaai pro-
DDS o, vcrits proper ana necessary to enforce Its
,,ovis,ons And the Attorney General and the sever'
District Attorneys hereby directed IN inc nam Va Wv
United States. 10 commence ana prosecute "' SUN
to final Judgment and execution
II will bc seen that the ground for the bill has been
narrowed considerably in tie second draft inc con-
stitutional power control forei-n ana interstate
commerce has been invoked more deinitcN' anu '"0
inability Of the Government 70 control or suppress
trust operating within the limits Of single sta'c Ids
been more distinctly acknowledged. The Federal au-
thoritv over commerce. both foreign and interstate Is
in fact now made the sole avenue Of attack upon '"c
trust evil go
MANY amendments to the bill now pending WILL no
doubt, be offered during the discussion IN congress
over antitrust legislation: one substitute Nat "
Mr.. Reagan was. indeed. presented today But II Is
likely that if any sort of antitrust law gets thT"u-h
at This session il will bc something like the present
sherman bill. The discussion on the measure '''N
afternoon took a wide range: and senator NeNt' VINO
opposes Mr.. Shcrmans measure. went ont OF MS way ~
make an attack the tariff As the fostering mo'er o
t,usts His stump speech this subject was re-
futcd with great ease and skill by senator Allison IN
yjcorous reply Many senators engaged IN ihe gen
eral debate on trusts-Mr IIiscock among them. Inc
iunior senator from New-i0rk thought the propose"
l. an interference with matters that had come aFeihN
under the jurisdiction Of the states ana douO'co '
wisdom and cOnsti,UtiOnality.
Mr. sherman. who read his arguments from manu-
scrrt began by declaring that the bill did not inter
fore with any lawful business. 1t dealt only with un
lawful combinations-such combinations as were ui
authorized by any law Of civilized nation, ancient
or modern and the sole object If which WIS to control
prices and to establish substantial monop le' II wa'
that kind # combination which the bill dealt WIN
If this country would not endure King In poi4tical
power il should not endure King over the pr"du'uoh'
transportation and sale of the ncccSsarir' q" NE he
referred TO the decisions OF the state Courts OF ono
Michigan Illinois and NewIork In the cases OF the
standard oil Company the Diamond Match Company
and the sugar Trust de erns such trusts null ana
void and acan, public pOligf. These references ann
ouotatons we're made. he said. 10 show tat' III dI'
feren states, the state courts dd declare Trusts anu
combinations in state a. unlawful Ina V'A' az"
all that the pending bill pforo,cd was to empower ''
cou,ts Of the United states 10 deal Wi'h those CON
hjn,tons affecting not only several states. but the
entire world. 49,
All these combinations. Mr. sherman continucc-thc
Cotton Trust the Whiskey Trust. the sugar hc"u''N
Trust the Copper Trust, the salt 4"F'
and many othcrs-werc Modelled On the sam
pan. and involved the principle They were all
ions. OF
States forming leacue and covenant under tAe co"
troI Of trl stces In conciu-ion lie sah thht te oo
fects of tie bill were in it, moderation ana 'al us
best effect would be to serve notice that 'ohDindO
in restraint of trade and production womb io' De
tolerated.
A, ~. c,ose of NJ sherman's speech Mr.. ingalls,
cavs notice Of an amendment which he would ohcf ~
the bill The amendment (Which Is aincd asan'S'
dealings in futures opuonsD was read ana ordered
10 be printed.
y.r Vest said that he could have no co"UoNeiS'
with the senator from Ohio a. to the cnorDy oi u,
n,,.os ,,a, had grown up under tine system "l
t,,,ets and combinations: and he also agreed VII.
,hc latter that thcr, should be no hyporcr,lcsm D
the Constitution. But what Va' desired was o'-
thing and what cou'd BE- accomplished under ''t
autonomy of the Government MaS aAO'icr "HiS
lie ycnt OH TO argue against ,lc consiitutionaty o
tho original bill rs well of the b,t tnte, dccaFln
his belief that the supreme Court "onia Nnhe'aei'
,l~ovv il ont Of court The senator flom Ono mad'
the fatal mistake Of suppOsns that because sood
manufactured in one state sht be taken mo ahoher
he could therefore invoke the general interstate
commerce clause OF the Constitution. The senat
had been told last session by Mr. sherman 'ha'
whenever he was satisfied that combinations were
,rotected bv high protective duty, ne would be i
favor of reducing that duty; and that, Mr. YES
said was the real remedy. ThO,e trusts ias ever!
intelligent man knew protected by the hi-i
tariff. and were enabled to work their miquI'o"
purposcs under The butIesS afforded by the taiii
law.
From this point the discussion drifcd into
dscusson OF the effect Of high duties upo
+bc existence of trusts-ScnatOrs Allison
Tlat ingalls,, Teller. Dawes and FRYE az"
Ing question, and making suggestions III opposition
Mr. Vests contention. The latter insisted upon tn
close connection between trusts and high duties III