Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-12-05
ANTITRUST LAW.
Mckinley Said to Be Firm
on Its Enforcement.
Charged that Law Was Framed So Il
Could Not Be Operated.
New Measure Needed-Politics and Princi.
pies Government and Courts.

Washington, Dec. 4.-(SpeciaD. Upon
high authority learn that it is tho fnten'
ton of President Elect Mckinley to make
an earnest effort to enforce the law against
trusts and other unlawful business combl-
nations. An attorney general Will be cho-
sen with this idea Of a vigorous, anfltrnss
crusade in mind, and the president elect
hopes to secure for that post young anu
ambitious man who will go in to make a
record for himself. In the recent campaign
the hardest thing the Republicans had to
fight was the prejudice against trusts ana
monopolies The crusade made by MI
Bryan and other leading Democrats against
the Capitalization of wealth and the IN
creasing power of moncpolies in the affairs
of the country took more votes away from
the Republican party, in the opinion OF
Mr.. Mckinley and Chairman Hanna, than
the silver issue itself. This crusade had its
effect more especially among the working
men and the poor people of tho cities, but
its unfavorable influence upon the Repub-
lican vote was seen among the farmers,
too, and among the small tradesmen and
mechanics everywhere.
The Antitrust Prejudice.
An instance of the power of this anticor-
poration prejudice is found in Michigan.
Mr. Pingree, the Republican candidate for
governor, had made reputation as an OPP
ponent of corporations. 1t was he who
forced the street railway companies of De-
troit by city ordinance TO carry passengers
at cent fare. In every way possible Mr..
Pingree had fought wealthy corporations,
and, naturally enough. when the campaign
came on the corporations turned against
him. This was their chance to get even,
and they were not going to neglect it,
Large concerns, able to influence many
votes, threw their strength to Mckinley
and against Pingree
So marked was this feature of the cam
paign during the last two weeks, Repub
licans openly opposing their own candidate
for governor, that Mr.. Pingree was gener-
ally believed to be in danger. 1t was
thought that he would be defeated though
Mckinley carried the state. When the cleo
ton returns came in, 1t was found that Pin
gree ran many thousands of votes ahead
of Mckinley, despite the manner in which
he had been cut and slashed by corpora
tiOns.
Government and Courts.
The idea of the incoming administra-
ton, l am told, is that something should
be done to make the people feel the trusts
and monopolies are not to have everything
their own way OF MIR McKinley's in
tention to attempt an enforcement of the
antitrust law have no doubt. But that
he will succeed not many lawyers believe.
Attorney General Harmon, with whom
talked on this subject today gives it as his
opinion that no matter how earnest this
new president may be, the conditions are
against him. In fact, the attorney gen.
eral says, no one could make more valiant
effort to suppress trusts than that which
has been made under the present admins
tration. Suit after suit has been brought
by the department of justice, but the
courts do not uphold the government.
1t has been repeatedly charged i'll Wash
ington that the antitrust law was purpose
~ framed so that it could not be enforced.
As one high official put it, ''that law was
intended by the men who made it to have
a coach and four driven right through the
middle of it. Just, why the law was
made so faulty or who is responsible for
its failure will not, of course, be diScov-
cred. That is one of thousands of legis
latlve secrets of similar character. But
l have learned this much about it-that
while the intention Of the original trainers
of the act was honest enough the lawyers
for trusts and railway corporations man
aged to secure some verbal changes which
looked innocent enough on their face, but
which have virtually operated to defeat the
purposes of the act.
EOr an ..rHi Inv
the senate-as innocent looking an amend
ment as there ever vas-forbade railroads
to combine for the purpose of establishing
rates which were not fair and reason
able The average legislator would fail
to see any weakness in that, but the shrewd
lawyers who caused the three words to be
inserted knew very well the courts had held
time and again that in such cases the whole
question was as to what rates are fair and
reasonable. Once you get into that field
the end is reached. Nothing can be done,
for the courts are unwilling to determine
whether given rate is fair and reason
able or whether it is not
Eetter LAWS Needed.
This is sample of the structural weak
ness of the law. 1t is, as ATTORNEY Gen.
eral Harmon points out, too general in its
language. If it We're specific instead of
general, something might be done in the
way of Furnishing the trusts which have
violated its spirit. Until the law is amend
ed without too much help from the cor
poration lawyers, who are kept in Wash
ington at good salaries to look after Just
such matters the courts will probably he
appealed to in vain for decisions against
the trusts. ~
Politically this matter is of farreaching
Importance. l understand it to be the pol
icy of the new administration to do every
thing in its power to enforce the present
law, and, if that fails, to apply to congress
for new and better law. There is no
doubt of the purpose of the leading men of
the Republican party to do everything they