St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-14
INADEQUACIEs OF SHERMAN ANTI
TRUST LAW CLEARLY BROUGHT
OUT.
RbnIcAL CHANGES NEEDED
TO MAKE 1T EFFECTIVE, ATTOR.
NEY GENERAL HARMON TELLS
CONGRESS.
INTERSTATE Law Is NEcEss.px
In Order to Reach Those Nopono
lies Which Are the Worst of
Their Class.

WASf11NGION, Feb 13.-AttOrney
General Harmon today sent to the
mouse reply to the resolution Of Jan.
requesting him to report what steps
ne has taken to enforce the law against
trusts, combinations and conspiracies
In restraint of trade. The attorney gen.
eral says: MANY complaints have
been made against alleged trusts. COM
binations and monopolles, which, in so
far as they appear to relate to matters
within the jurisdiction Of the federal
government, l have endeavored to in
Vestigate as well as the means at my
disposal permitted. Some such inves-
legations are now in progress. Two ac-
tions are now pending, based partly
or wholly on alleged violations of what
is known as the Sherman act. They
both relate to agreements among inter-
state carriers
The question in the resolution as TO
what further legislation is needed to
protect the people?" is, the attorney
general says, one of general policy, and
not one of law, which, therefore, does
not pertain to his department The
Sherman antitrust law, as construed
by the supreme court, says the attor-
most complete monopolies, If engaging
In interstate commerce be merely one
of the incidents of their real business.
and not its direct and immediate OBJ
Ject The virtual effect of this is to
exclude from the operation of the law
manufacturers and producers of every
class and probably importers, too
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-
t1rely, over the country so that while
engaging in interstate commerce may
not be the direct or immediate object
1t is necessary step in all such under
takings.
WHAT CONGRESS MAY DO.
While congress has no authority in
the matter except what it derived from
Its power to prevent and punish such
commercial combinations and conSpira-
c1es, congress may make it unlawful
to ship from one state to another in
carrying OUT or attempting to carry
out, the designs of such organization
articles produced, owned or controlled
py them, or any of their members or
agents.
The limitations of the present law
enables those engaged in such attempts
to escape from both state and federal
governments, the former having no au-
thority over interstate commerce, and
the latter having authority over moth
Ing else. By supplementing state action
in the way just suggested, congress
can, in the opinion of the attorney gen
eral, accomplish the professed object Of
the present law.
The attorney general says that sew
eral of the circuit courts have held
that the Sherman antitrust law, which
used general terms with no attempt to
define, made nothing unlawful which
was not unlawful before, but merely
provided punishment for such agree
ments and conspiracies against trade
and commence as the courts have al
ways refused to enforce between the
parties.
Attorney General Harmon thinks the
law should contain a provision like that
Of the interstate commerce law to pre-
vent the refusal Of witnesses to an
swer on the ground Standardization,
suggests the propriety Of making the
penalties of the law applicable only to
general officers, managers and agents
and not to subordinates, and says the
difficulty Of obtaining proof might be
diminished, If not removed, by enact
ing as a rule of evidence that the pur-
chase or combination Of any form of en-
terprises in different states, which were
competitive before such combination,
should be prima facie evidence Of an
attempt to monopolize. A similar pro-
vision should be made with respect to
we'll known methods of doing business
throughout the country which are de-
signed to deprive dealers Of liberty Of
trade and compel them to become in
struments Of commercial conspira tors.
In conclusion, the attorney general sets
forth that if his department is expected
to conduct Investigations of alleged vio-
lations of the law 1T must be provided
with liberal appropriations.