The record-union., 1896-02-14
JecUu1'e

WASHINGTON, Feb. 13.-Attorney-
General Harmon sent to the House to-
day a reply to a resolution of that body
in regard to the enforcement of the laws
against trusts, combines, etc.
Replying to the first part of the in
quiry, Attorney General Harmon says
that many complaints have been made
against alleged trusts, combines and
monopolies, which, insofar as they re-
late to matters within the jurisdiction
of the Federal Government, he has en-
deavored to investigate
In reply to the question as to What
legislation is needed to protect the peo-
pie" he says this is a question of gem
eral policy, and not one of law, which
therefore does not pertain to his de-
partment. Assuming, however, that
Congress desires him to point out such
defects in the present law as experience
has shown, he submits the following
suggestion:
THE Act of July, 1890, known as the
Sherman antitrust law, as construed
by the Supreme Court, does not apply to
the most complete monopolies acquired
by unlawful combination of concerns
which are naturally competitive though
they, in fact, control the markets of the
entire country, if engaging in inter
state commerce be merely one of the in
cidents of their business and not it's di-
rect and immediate object The virtual
effect of this is to exclude from the
operation of the law manufacturers and
producers of every class, and proba bly,
imposters also.
AS a matter of fact, no attempt to
secure monopoly or restrain trade and
commerce could possibly succeed with
out extending itself largely, if not en-
tirely, over the country So that while
engaging in Interstate commerce may
not be the direct or immediate object,
it is a necessary step in all such under
takings. While Congress has no au-
thorfty in the matter, except what is
derived from its power to regulate com
merce, the States alone having general
power to prevent and punish such com
mercial combinations or conspiracies.
Congress may make it unlawful to ship
from one State to another, in CARRYING
out or attempting to carry out designs
Of such organizations, articles produced,
owned or controlled by them or any of
their members or agents.
The limitation of the present law
enables those engaged in such attempts
to escape from both State and Federal
Government, the former having no au-
thority over the interstate commerce
and the latter having authority over
nothing else. By supplementing State
action in the way suggested. Con-
gress can accomplish the proposed OBJ
ject of the present law"
Attorney-GeneraI Harmon refers to
the rulings of the courts, the result of
which has been in great doubt and un-
certainty and the failure of the law to
accomplish its purpose, and SAYS that
the law should be amended so as to
leave no doubt about what is meant
by 'monopolies,' by attempting to mo-
nopolize, and by contracts, combina-
tions and conspiracies in restraint of
trade and commerce
1t should not he says, .'be difficult
to distinguish legitimate business en-
terprises or associations of bona fide
partnership. The present law should
be amended so as to prevent the refu-
sal of witnesses to answer on the ground
of self-incrimination, this defect having
been severely felt in all attempts to en-
force the law
He also suggested the propriety of
making the penalties Of the law appli-
cable only to general officers. man
ayers or agents and not to subordi-
mates.