Evening journal., 1896-12-21

Done By State Statutes to Eestrict Mo-
nopoiies and Harmful Trade Combina-
fions-Indiana to Take Action.
INDIANAPOLIS, Dec. 21.-Since the cam
paign and election the subject of trusts and |
monopolies has received unusual attention |
in this state, and the decentralization of |
the president that the subject is a proper
one for supplemental legislation by states |
has accentuated the feeling that the COM
ing session of the Legislature in this state
should do something to make the antitrust
laws moro effective. Several members of |
the state senate are giving the matter at
tention, with view to introducing some
measure restrictive of the evils Of trade
combinations. Ex-Attorney General Mil
Ter talks freely on the subject and is in ia
vor of such legislation.
''If wero a member Of the Indiana leg
islature, - he said this morning, Il would
prepare bill TO prevent the unlawful
combinations at which the federal statute
was aimed.
'Is not the federal law sufficient" was
asked.
1T falls short Of accomplishing its pur-
pose under the decisions of the federal
courts. II is not fair TO charge either this
administration or the preceding one with
lack of diligence In prosecuting the organ
izers of trusts OF with failure to enforce
the law. The situation can best be Illus
trated in the case brought during my term
as attorney general against the e. Q.
Knight company in the Sugar trust case.
The government had won in some prose
cutions of minor Importance, but in this,
the test case, the decision was against the
,ar,t Tho roUprnnpnffg side of
the case was prepared and presented to the
court by Samuel i. Phillips, who was ap
pointed by me because Of his eminent quail
ities ard large experiences in the law as
special counsel in connection with the reg
ular United States attorney for the eastern
district of Pennsylvania
"The case was conducted with great
ability and with singleness of purpose
with a view to the enforcement of the law,
both in the administration of President
Harrison and under that of President
Cleveland. The failure was due, in my
Judgment, not TO a lack Of zeal, energy or
ability in the prosecution, but to the mad
eauacy of the statutes. The decisions were
uniformly throughout the gradations of
its progress against the government. The
supreme court held Justice Harlan dis
senting that the operations of the Sugar
trust were not within the scope of the stat
ute because such operations did not pri-
marily affect foreign or interstate COM
merce. 1t is probable that like ruling
would be made as to many, perhaps all, Of
the great trusts q"
"What would you proposes" was asked.
The decision does not clear away all
doubt of the power of congress to enact a
law of sufficient force to prevent trust
combinations in trade, and If the wise
men Of the senate and house of representa-
tiyes can find words and terms that will
avoid the constitutional difficulties they
should, in my opinion, proceed to do so.
Until that is done, however, the head Of
the department Of justice should not be
subjected to censure for failing to enforce
provisions Of the law which are not posi-
bile OF enforcement. The aim Of the stat
ute was TO suppress trusts whose opera
tlOns arc held to be inimical to the public
welfare, but the highest court Of the land
has declared that the operations of these
trusts under existing law are legal
The Opposition to Trusts.
Upon what, in your opinion, is the op-
position to trusts hased."
A trust means Of course a combination
which creates a monopoly in production
and restricts the opportunity Of the great
body of the people to engage in the gain
full enterprise, the purpose being to raise
prices and enrich the promoters of the
combination. Our practically instantane-
Gus modes of communication and trans
portation have made 1t eminently feasible
for combinations of capital to be operated
in way and with a success that our fore
fathers never dreamed Of. Under present
conditions the national market is a local
market so easy Is It to communicate with
f,,f xr~hn mi
quickly can the goods be delivered from
any one point to another. Steam and elec.
tricity have become the means of opera-
tions covering distances which SO wears
ago were prohibitive of such enterprises.
In so far therefore as these great conbi.
nations are against public policy, so far
have these great inventions been a detri.
inent TO the people. 1t is undoubtedly true
that the combinations or trusts which
most provoke antagonism and work evil
are the incidents of these agencies Of com
munication and transportation. They
make possible the delivery of goods with
such secrecy as that the buyer cannot tell
whether the goods he buys were made in
the factory nearest him or on the other
side of the mountains. Thus il has be-
come possible TO control the output OF
mills, close up factories, which Have at
tracted workingmen from other fields OF
labor, only to find themselves obliged tc
move again, and to charge the consumer
whatever price the trust pleases
1T is an obstacle in the way Of suppress
ing combinations, that the price of the ar
tlclc cornored by trusts has often been re-
duced, but at the cost of that wholesome
competition which we asa people have al
ways priced. President Cleveland stated
the case well in discussing this subject in
his recent message TO congress, where he
said 1t must bo remembered, however
that a reduction of prices to the people is
not one of the real objects, nor is theiI
tendency necessarily in that direction. II
u occurs in particular case, it is only be
cause 1t accords with the purposes or in.
terests OF those managing the scheme.
Tendency to Crush individual Effort.
The president is right, also contin
ued the ex-attorney general. when he say.
That such occasional results fall far short
Of compensating for the palpable evil.
charged to the account 80 t,,,-t. ,pd mn