The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
A. Ii. CASES OPINION.

"a IL. LAS ~ y OE1N1UN.
We Already Have the Populfst Dream
Government Control or R4iIroad--
BY the act Of congress Of July 2, 1890,
il is provided, Every contract, com bina-
ton IN the form Of trust or otherwise, or
cons piracy in restraint Of trade or com
merce among the several states or with
foreign nations. is hereby declared illeg-
al, and, Livery person who shall make
any such contract or engage in any such
com blnatlOn or conspiracy shall be
deemed guilty of 2 mIsdemeanor, and, on
conviction thereof, shall BE- punished by
fine not exceeding 5000. or by impris-
onment not exceeding one year, or by
both said punishments, in the discretion
OF the COURT and Every person who
shall monopolize or attempt to
monopolize, Or combine Of con-
aplre with any other person
Or persons, to monopolize any part of the
trade or commerce among the sever al
states, or with foreign nations, shall be
deemed guilty of a misGemeanor, and.
on conviction thereof, shall be punished
by fine not exceeding i've thousand dol
lars, or by imprisonment not exceeding
one year, or by both such punishments,
in the discretion of the court and "the
word person or persons wherever
used in this act shall be deemed to in
clude corporations and associations ex-
listing under or authorized by the laws of
either Of the United States. the laws Of
any Of the territories, the laws of any
state, or the laws Of amy foreign coun-
try
Under this law the circuit courts Of
United States are given full authority to
enj0in the violation, or the attempted viO-
latIon Of its provisions, and to punish by
fine and imprisonment
The courts can proceed summariIy, by
petition on TIE equity side of the court.
without the intervention Of 4 grand Jury
n
tOrney, under the direction Of the attor-
ney general, to institute proceedings in
equity to prevent and restrain such vio-
lations.
Now, under this law, the government
holds, through its executive and judicial
officers, that it may invoke the military
power, whether req uested by the local
authorities or not to prevent the stop
page Of commerce between the states,
and suppress any combination that tends
to that end
Now. granting the power claimed to
be conferred by this law, what power
and authority does the law give to the
general government over the railroads.
II the government can BY virtue of the
law OF 1891, restrain, prevent and punish
the individual members Of the com mu-
nitv, it can also by the same law and by
the same process restrain, prevent and
punish the corporations.
If the government has the power to
order its troops into the states, on its own
motion, or on the demand of the corpor-
ations. TO remove any obstruction to its
trains, on the pretext of obstr uction to
commerce, whether the prefext be true
or false, then the same right and power
exists in the government to control, reg
ulate and operate, the trains and corpor-
ations, they are called upon to protect
If this power which the railroads have
now put In practical operation,
il to be our "Majora regalia,"
then the millennium of the
Populist government control" has come
and come to stay, ii this trust law can be
made applicable. and shall be upheld by
the courts There j. no reasoning or
sophistry that can apply this law to men
not of the railroad companies and not in
clude the men Of the companies and the
companies themselves, both a. individ-
uals and as corporations.
Then III the com panies combine in any
manner, either through the carrying Of
obnoxious cars, commodities, mercban-
disc. passengers. or other freight, calcu-
lated or intended to obstruct interstate
traffic or if they SO reduce the wages Of
their employees. or their numbers, as to
thereby prevent traffic between
the states, or If they put tariff on traffic
which amounts to prohibition, or in
any manner obstruct, or attempt to OBJ
struct interstate trade and traffic,
then this law becomes an active, and
powerful AOIC0 Id CRUSH 0LA hA4 S4GA VIZ
lations and infracti0ns OF the law, and
the precedent is set that the military arm
may be, and will be. used to enforce the
DEGREES Of the government, without the
aid Of the courts
All that the people ask is, that the
government make no discrimination, be-
tween employer and employe. Govern
ment control. not ownership; fairplay
and no deal in the interest of either, but
equal and exact justice to the whole
people; this, and this only. will satisfy
the country. Let the corporations. and
their employees, know that neither shall
interfere with the rights Of the other,
then will we have no more railroad
strikes, and peace will reign.
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