New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-07

THE ATTORNEY-GENEEAL TELLS ABOUT
THE WORK OF HIS DEPARTMENT.
GOOD RECORD or TIE SUPREME CoUGT-UNIrED
STATES PRIsoNs-POPuLAR ERRORS con-
CEHNING THE ANTITRUST LAW.


STATES PRIs0Ns-PoPULAR ERRORS con-
CEnNIXG THE ANTITRUST LAW.
washington. Dec THE annual report Of A;tor-
ney- General Olney notes with qualification mat the
Supreme Court is making reasonable progress in
overcoming the of business which. until inc
establishment of thu Circuit Courts ot AppeaI''
steadily increased from year year lie says:
"The two cases Of greatest consequence TO the
Government decided by the Supreme Court during
the past year were what are known as the "Chihese
Exclusion" case and the Hat Trimmings case
The latter involved legal principle of special
moment but it's decision adversely to tne Govern
ment makes IL liable to pecuniary claims Variousiy
estimated as amounting II from $OcDHD to $'"p-
OOo The Chinese Exclusion case. on the other hand,
brought into debate question OF Constitutional law
second TO none in gravity and in the far-roachins
results dependent upon its determination
Noticing the small number OF French spolation
cases disposed Of by the Court OF Claims during the
year. Attorney General Olney says
THE comparatively small number of these cases
disposed Of during the past year Is explained by
the fact that the failure of Congress to appropriate
for the judgments already rendered caused the
Court to doubt the advisability OF o5structing
other business in order to dispose of more o. this
class of cases"
On the subject OF United States prisoners and
prisons the Acknowledgement remarks:
Il have endeavorcd to faithfully carry out the
supervising affairs connected with the support OF
United States prisoners. l believe that immediate
steps should be taken for the erection OF at least
two penitentiaries and one reformatory. capable
Of accommodating all prisoners sentenced to long
terms by the United States courts. While the first
cost Of building these prisons would be consider
able. the expense OF conducting them when ready
for occupancy and for supporting the inmates could
be than the cost under the present system.
and might be greatly lessened under proper and
judicious management
The report discusses with cearness and elabora-
ton OF detail all the important pending In
which the United states is party. and then pro-
ceeds to a consideration OF the fee system to
which the Attorney General says:
THE system by which the United States district
attorneys. marshas. clerks and commissioners
raid by fees has been often and so emphaticay
condemned-is indefensibc I'm principle. and
works such gross injustice in practice-that its
survival 10 this time is nothing less than a wonder
and n rcproach. Illustrations OF tho wastcfulncss
and the incongruies Of the present system abound
on every hand. Congress would not dream OF
paying any United States Dls,rict-Attoraey IN
annual salary twice Large as that received by 4
Judge of the Supreme court Of the United states:
States attorney in on" district has in recent years
realized to - incumbent at least <2a~D year.
IN another district. whore the cummings u Dis
trlct-Attorncy for Year AL half amount tn
5000. the returns show that but li'iic more than
500 was earned in court. ~" cn;ir" balance con-
ssting Of mileasc chnrs"s for travel {, court or
10 attend the disch irgc Of the poor conyicis MI
illustrations however. yield In significance TO
mat Of the clerk Of ono Of the United states
sle7s5. for lssl sils5. and ior 1879. 'l'.ss3'
Concerning the sherman Antitrust law OF July
= lss' the Attorncy-''enerai speaks with consdera-
bic emphasis. IL says;
spread Impression that tho aim ana eject or this
statute are % prohibit ard 10 prevent those aggre-
present day and which are ronctifacs on 80 lare,
scale - 20 practically control al the branches
even II It were possible. to ascertain me prccls.
prrPo'es y the Trainers OF Tho statute. II Is
for ths popular Impression referrei to.
II N ,irs' place. 'he subj"r matter upon which
The statute operates. and alone can operate. T.
several states or vim foreign rt,lors' Tn.-. h.
III that immense mass Of contracts. dealings nuI
transactions which arisc ana are carried on wholly
within state lin ~ ard arc who'll within th,. irrigic-
ton ~ state. On another ground, mandy. that
specis! and exclusive legislation has been cnactc!
respecting them. railroad companies engaged IN
interstate transportation have been held not to be
within the puIVi"w Of tn" statute.
me neSt Pace. me sbjee matter Of the
blnatons or conspirac,es TO monopozc and 80 con-
,racts coiaonaiions' or conspiracies. IN form ~
unstS or oih' rwlse ~ restraint Of trade or com
nerce. But ~ all ownership Of property i9 of f.
udi'icuvh ma be viewed AZ romhinnton when
more or less rcatraina come part kind Of trade
VISIONS OF ne stature IS out 81 ~" question
In this connection ne quotes the decision rendered
Il
crn Circuit Of ohio, which h" says deals with the
statute thoroughly and comprchcnslvcy and com
ing rom judge who IL now Associate Justice Of
The Supreme court. must be- regarded "a entitled 10
ne highest consideration. His conclusions. az
briefly summarized are.
% That Congress cannot limit the right OF Stat,
corporations or Of citizens in the acquisition ac-
emulation and control Of property. ~ That Con
grcss cannot prescribe the prices at which such
property shall be sold by the owner whether n cor
porauon or Individual 90 That Congress cannot
make criminal the intent and PURPOSES OF per
sons In the acquisition and control OF property
which the States Of their residence creation sane
ton. 90 That monopoly as prohibited by the
statute means exclusive right In one party
coupled with a lI,al restriction or restraint upon
some other party which prevents the latter from
exercising or enjoying the same right 90 That
prohibited are contracts In general restraint thereof
and such would be void at common Law indie
pendcntly of any statute.
This exposition OF the statute" says Attorney
by any court and rs 10 be accepted and acted
upon until disapproveu by tribunal of last resort
In view or H. IN" "a srs popularity supposed to be
covered by the statute almost without ex- |
cepon obviously not Within it's PROVISIONS since 10 |
make them applicable not merely must capital be |
brought together and applied in large masses. bat
mpCs. legal disability upon others from engaging
Ia the same trade or industry Numerous suits |
under the statute. however. have already been |
may bc. and II H. manifest that |
questions Of such gravity. both in themselves and |
In respect OF the petini1rv interests involved |
ought not 10 rest FOR their final determine ion upon
the decision OF a single tidgc however forcbie and
wcghty. 1 have. therefore. deemed x my duty |
TO push for immediate hearing case involving |
those questions. anc. unless prevented by some |
Unforeseen obstacle. shall cndeavor 10 have II |
advanced for argument at the present term OF |
the Supreme court
The report was transmitted TO Congress by tho |
Attorney General this morning.