New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-12-21

ATTORNEY-GENERAL MILLER Dis
CUSSES THE SUBJECT.
WHAT MIGHT BIZ DONE BY STATE STATUTES TO
RESTRICT MOYOpoLIES AND HARMFUL
TRADE CONVERSATIONS EFFECT

Indianapolis Dee. 10 (Spec.aD-Since tae caai-
psgn election subject o: and moaop'!ies
hes received unusual attention from tle thinking
leaders OF the Republican piry OF this State. and
the recommendation CT the PfeSlisn; that the subjec;
i proper for supplemental legislation 0y States
has acceriuated the feeling that the coming session
in this State should do something make the anti
trust laws more effective. Several members OF the
State Senate are giving the matter attention with
view 10 introducing some measure restrictive Of the
evils Of trade combinations. Northumberland
Miller talks freely ne subject and in favor Of
such legislation.
II were a member - the Indiana Legislature"
he SAID this morning 81" would prepare bill 10 pre-
vent the unlawful combinations at winch the Federal
statute aimed
rs not the Federal IA " suficent?' vas asked.
Il falls short OF accomplishing it, purpose under
the decisions OF the Federal courts I; is not fair
charge either this Administration or tne preced-
ing with lack u diligence in prosecuting me Or
gaaz,.s o. trusts * n failure 20 enforce the lax"
The situation can bas- 30 illustrated In tn case
brought during my Term At,orney-Generl against
nc T.. g knight Company. n the Sugar Trust case
The Government had won Ia pros-cutons o.;
minor importance, out in ihis no iesi case. the
decision against the Glvernrrnt. The Govern
ments side OF the was prepared and presented
10 the coGr; BY samuel r. Phillips. ap-
pointed by because OF Ms eminent qualities and
large experience IN the law. - special counsel In
connection with the regular Un.ied States Attorney
the Eastern D.s;r.rt OF Pennsyivania. The case
was conducted win great ability and with single
Of purpose WIKI view - the enforcement. of
ne law. both in the Administration OF President
Harrison AMI under tAat % President ClevellHi
The failure was due. IN NJ judgment, rot 20 a lack
OF Eel. energy or ABILITY in ihe prosecution but 10
the !nairquacy Of the stati-,s. The decisions were
uniformly throughout ne er4iIt.on Of Us progress
agans; the Government. TIE Supreme Cour, held.
Justice Harlan dissenting. ;hai the operations %
-f lft. ff
statute because such operations dii not primarily
aNec; foreign or Interstate commerce IL Is probable
ina; Ike ruling would be made a. 20 many. perhaps
ali OF me great trusts
What would you propose wa asked
The decision does not clear away all doub, Of The
power Of Congress 20 enact law % sufficient force
TO preven; trust combinations Il trade. and Il the
wise men OF the Senate and House OF Representa-
tives find words and terms tnat VIII avoid me
constitutional difficulties they should In my opinion
proceed 10 do so. rn;il that j. done. however the
head Of the Department, OF Justice shouI n5 De sub
ec.d 20 cersure for failing 10 enforce provisions Of
the law which are not possible OF enforcement The
aim OF the statute was 10 suppress trusts whose
operations Ar. held be n.mcal 20 ;ne public well
fare. but highest law of the land has declared
that the operations o. these trusts under existing
law legal"
Upon what. in your opinion. = ne opposition 10
trusts based?'
"A trtis; means o. course. a combination which
creates monopoly In production and restricts INC
opportunity 81 the body OF the people 10 engage
the gainful enterprise the purpose beng 20 raise
prices and enrich the promoters o, the combination
our practically instantaneous modes o. communica-
,.on and transportation have made = emintnty
feasible FOR ons o. capita! 20 oe operated
IN way with a success inat or foFei4'hefS
never dreamed o, Under present conditions the
National mark, i local market. 80 easy i i 10
communicate si;h any point where mills are located
and 50 quickly can goods Doc delivered from any one
poin, TO another Steam and electricity nave become
the means Of operations covering distances "H'cH
any years ago psoho.,.'e o. s"cA enterprises
In 50 far Therefore. A. these great combinations
are against public policy. - faf have these great
inventions been deirimen; 10 iAe people X j. IN
doub,cfv true that th- combinations or trusts "h.rA
most provoke an,aronism ana work evil are me
incidents % ihe4e agencies q communication am
transportation. They make possible ne 9e.!'"N 90
goods with such secrecy AZ that the buyer cannot
tell whether the goods ne buys We're made IN me
factory nearest MIN or on The other side * the
mountains Thus 4 has become possible 20 control
the output OF mills. close Up factories. "nrh nave
attracted workingmen from other helds u labor only
10 anl Themselves obliged 20 move again. ana I"
charge the consumer whatever price the irusi
p,eases I, l. an obstacle IN the way % suppfetlhS
these combinations. that the price q me article mus
cornered by trusts has often been reduced. but AZ
the coz; OF that Wholesome competition "nlch We "a
A people have always priced. President 'ieNeiah'
stated the case well In discussing in- subject IN MS
rccen. Message 20 Congress. where he sad: II must
be remembered however. that a reduction OF prices
~ tho neople Is not one o, the real objects. nor j.
;he.r tendency necessarily IN that direction IL u
occurs In a particular case. Il Is only because j.
accords with the purposes or interests OK those
managing the scheme
the pre.den, is right. also" continued the OK
At,orney-GcneraI when ne says that such oc-
casional results fall FAR short OF compromising ior
the palpable evils charged 10 the account OF trusts
and monopoles. and that their tendency y 10 crush
on. individual independence and 10 hinder or prevent
the free use OF human faculties and the 'ui deVeop
men, OF human character. Trusts reduce too many
OF our people TO the level o. mere machines without
none that they may positions where they are
their own masters and beyond the r~acn OF such
coercion as the relation induces IN the most
favorable OF free conditions. These are the reasons
why in my opinion. IL Is the province or the stare
and 50 far as possible. OF the Federal Government
70 intervene their sovereign power to prevent and
suppress trusts. They Daneful incident oi the
conditions that have arisen in our CIVILIZATION
..Wha; legislation could the State enact 10 supple
.nent the Federal ieeisat on?
In a general way for have not given the matter
the close investigation that should have 10 speak
Nth confidence the Safe should make IL unlawful
for any one to engage n a0et promote or encourage
combinations having FOR their purpose the raising
Of prccs or the restriction OF opportunities Tor aDor
The phraseology Will readily occur 10 the Trainer
OF bill after the proper study Of what Is wanted.
The duty should be laid upon the Prosecuting Attor-
ney of the county and the Aiorney-Generai OF
the STATE TO proceed agains, such combinations, and
as an incentive beyond the official oa,h that the full
duty will be performed the prosecuting officers should
y. authorized retain One-half tAe penalty ior the
,rrr,c,ion of the law when proved and collected.
"A A further means OF prevention the law should
provide that any citizen suffering damages on ac-
count OF such combination and restriction OF his
opportuntes should recover in sueh sum as the
court might think just and right Win Inc feuera'
law strengthened so to include every case within
h. rne;es and bounds, the President says OF the
National jurisdiction. and State law 10 apply within
$50 lines believe the evils Of the gigantic trusts