The Washington times., 1894-07-23
ACCURATE PREDICTIONS.
An Old Communication Seemingly Writ
ten Under Prophetic Inspiration.

An Olu SSShihSiy
ten Under Prophetic Inspiration.
Attorney Jackson II. Ralston, of this city,
wrote the following to the Baltimore Critic
over five years ago. In the light OF recent
events its publication now should prove
of great interest:
MEssRs. EDITORS: On July 9, 1890, the
the President signed ''an act to protect trade
aud commerce against unlawful restraints
and monopolies." The people have been led
TO believe that this act was in some myster-
ious way designed to put an end to trusts,
which, though the logical symptoms of II
diseased condition, are by many well-mean-
ing persons considered the disease itself.
That Congress really intended to attack, or
really has attacked, trade unions instead of
trusts, must be manifest to every patent
reader of the act.
Before reciting the provisions of this law
! must premise that many acts-in fact most
of the operations-of trade unions are what
is legally termed ''in restraint of trade" 1t
only remained for Congress to give them an
unquestionabe criminal character.
Section provides that every contract. COM
bination in the form of trust. or otherwise.
conspiracy i'll restraint of trade or commerce
among the several states or with foreign ma
tions, is illegal; and fixes a punishment for
every person entering such combination OF
not exceeding 81, 600 fine or one years i'm
way employees, engaged with or without their
knowledge in transporting interstate or
foreign commerce. engage in a strike, they
may be liable to severe punishment, such an
act being 'in restraint Of trade or commerce
among the several states or foreign nations"
Surely railway attorney framed this seq
tion.
Section 2 declares that 'any person who
shall monopolize or attempt to monopolize or
combine or conspire with any other person or
persons to monopolize any part of the trade
or commerce among the several states or with
foreign nations shall be guilty OF a misde-
meanor, etc." This section was evidently in
serted to give speciousness TO the title of
the act. 1t says too much to mean anything,
since all interstate trade is. on the part of all
engaged in it, an attempt to monopolize some
part of such trade.
The third section strikes at the foundation
of all trade unions in the District of Columbia
AID the territories. 1t provides that every
contract combination in form of trust or
otherwise, or conspiracy in restraint of trade
or commerce in any territory of the United
States or of the District of Columbia, or in
restraint of trade or commerce between any
such territory or territories and any state or
states or the District of Columbia or with
foreign nations or between the District of
Columbia and any state or states or foreign
nations" is illegal and provides the same
punishment for its violation as does the first
section.
1t therefore appears that the men who COM
bine TO strike for higher wages. against scabs.
against an obnoxious foreman. for shorter
hours, etc., in the District of Columbia or the
territories. are to be regarded as engaged in
criminal acts and severely punished.
Section concerns the civil enforcement of
this law and il is made the duty OF the sew
eral district attorneys. under the direction of
the Attorney General, TO prevent its violation
by petition for Injunction. etc. If. therefore,
the railroads fear q strike the whole legal
force of the United states become their I'M
paid retainers and seryitors, made so by the
United States statute.
By section ., upon petition for Injunction
being filed. the process OF the circuit courts
may run 20 any part ofthe United States. If
the Knights of Labor are about to become en-
gagged in n strike in California Mr.. Powderly
may be made party defendant in civil suit
brought in that state upon the suggestion OF
the district attorney that such course should
be taken. In this way it is unquestonaby
designed to reach the chiefs OF all labor Or
ganizations, the subordinate branches of
which engage in so-called ''conspiracies in
restraint OF trade"
In more than one hundred years of con-
gressional legislation it is safe to say that |
never before was it attempted to adiudcaIe |
the personal rights and civil privileges of n |
man in a tribunal other than that under which |
he lived. For a century it has been thought |
not perchance to force his appearance in u |
court three thousand miles away TO answer |
what may be an unfounded action. OF course, |
when courts have before them in their home |
jurisdiction what they term the res or |
thing in controversy, in n suitable ma ,ner |
they determine the interests OF individuals in |
it, even if the persons affected be out of the |
jurisdiction. But never before has United |
States circuit court been given a control over
the persons OF defendants living in u jurisdic-
tion foreign TO that in which the court sits
To this extremity have the railroads gone in
their preparations for the next strike.
The three remaining sections ii is unneces-
sary to consider, their purpose being merely
to more eifectually enforce the sections al
ready referred to at large.
1 do not now speak of the interpretations.
qualifications, constructions, and limitations
which may be engrafted on the law by ju-
dicial action, nor of the objections which
may be urged against it. 1t is enough for
the present that we know its evident aim, TO
the end that we may call on Congress to re-
view its action. The repeal of such law
would be vastly better than its judicial appli-
cation. j. H. RALsroS.