The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-12-07
ATToRNET- GENERAL OLyEY's REPORT
The Popular Impression or tho Aim and
Erect of tho Antitrust Law All Wrong.

The Popular Impression or tho Aim and
Erect of tho ANTITRUST Law All Wrong.
WASHINGTON. Dec 0.-Attorney- General OIL
ney submitted his annual report to Congress
to-day The most important passage in tho
report Is his discussion OF the sherman Anti
trust law OF 1890. He says:
There has BEEN aud probably still 10. q
widespread i'm preston that the aim and effect
OF this statute are to prohibit and prevent
those aggregations OF ptal so common at
the present day. and which are sometimes on
so large a scale as to practically control all
the branches OF an extensive industry. 1t
would not be useful even II It were possible
to ascertain the precise purposes OF tho franz
ers OF the statute. 1t is sufficient to point out
what small basis there is for the popular i'm
preston referred to.
In the first place the subject matter upon
which tho statute operates. and alone can
operate is. Any part OF tho trade or comm cree
among the several States or with foreign
nations There is. therefore. necessarily ex-
empt from its provisions all that immense
mass of contracts. dealings, and tran sactions
which arise and are carried on wholly within
state lines, and are wholly within the Jurls-
namely. that special and exclusive legislation
has been enacted respecting them. railroad
ton have been held not to be within tho pur-
view 81 the statute. the next place.
the SUBJECT matter OF the statute,
4! monopolies,, t2l attempts to monop.
olize. 90 combinations or conspiracIss
tions. or conspiracles. In form OF trusts or
otherwise. in restraint OF trade or commerce.
monopoly. and az every business contract or
transaction may be viewed as q com DtnAtion
Of trade or com cree. any lite raj Application OF
the provisions OF the statute is out of thsquss-
He quotes the decision rendered by Justice
jackson. when Circuit Judge OF tina southern
circuit OF Ohio. which. he says, deals with tho
coming from Judge who Is now Associate
Justice OF the supreme Court, must be re-
garded as entitled to the highest considerA-
ton. His conclusions. AS briefly summarized
are:
J.. That Congress canpot limit the right Q,
sition. accumulation. and control OF property.
:: That Congress cannot prescribe the prices
owner, whether corporation or Individual.
= That Congress cannot make criminal the
intents and purposes OF persons IN the Acqui-
Stion and control OF property which the States
OF their residence or creation sanction T. That
monopoly. as Drohi1hited by the statute
with legal restriction or restraint upon some
other party. which prevents the latter from
that contracts in restraint OF trade aud COM
merce as prohibited are contracts In general
restraint thereof ana such as would he void at
common law Independently OF any statute.
.orI ms e6p1sl'i3n Of ths statute. says Al,
tofueb-Ieneidl AlnCy. mas not 80 lar been
questioned by any court. and Is to be accepted
and acted upon until disApproved by a tribunal
Of iast resort. In view OF H. the cases Dopu-
almost without exception obviously not within
IT'S provisions, since 70 make them applicable
and applied Ia large masses. but tho accumu-
lAtion must bs made by means which Impose
legal disability upon others from engage
ing In the same trade or industry, Numer-
Gus suits un Ter the statute, however
have Already been brought-others may
te and i 10 manifest that Questions OF such
gravity. both in themselves and in respect OF
the peeuntary interests involved. ought not 10
Test for their final determination UPON the de-
cision OF single Judge, however fOEcib!e aud
WeightY. | have, therefore. deemed Il my duty
20 push for Immediate hearing a case involving
those questions, and unless prevented by some
unforeseen obstacle. shall endeayor 10 have n
advanced for arGum,ent at the present term OF
the supreme Court
Joseph Doe for Assistant Secretary OF WAr.
WAsHINGToN. Dee. 6.-The President to-day
sent To the Senate the nomination OF JoEeph r