The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-12-10
HARMON on TRUSTS.
He Says the Present Antitrust Law
is Inadequate.


Washington. ID. G.. Dec. 10.-AttOrney
General Harmon in his annual report to
congress expresses his satisfaction at
the results, so far as obtained. of the
new salary system, which displaced the
ola fee system on July Is Of the pres
ent year.
A very large reduction is shown in
every one of the items which would nat
urally be affected by the fee system. The
fees for United States marshals Will
show reduction for the year of about
100000 over those of the previous year
Other reductions viii be made approx
mately as follows: Fees of jurors, $215,-
1896; fees of witnesses, 1907 ,Of3, pay Of
baiIifs, S94 $50: salaries and expenses Of
district attorneys. 1892, 942.
On the subject Of the Pacific railways,
the attorney general says that the re-
port of George Hoadley, special counsel
for the United States, shows that there
is no substantial change in the state of
the litigation about the Union Pacific
railway and its branches
He adds I think that unless the
pending funding bill be passed and ac-
cepted, the government should endeaVOr
to secure terms for its appearance in
court in the way Of an assurance of
such bid on the property in case Of
judicial sale, as will secure to it fair
realization of the value of its life If
this be not done and the government be
compelled to sue TO protect its own in
terests, or required to appear and set
up ITS claim IN the pending cases, the
benefit of the position so long maintain
ed may be largely lost"
On the subject of the antitrust law,
the attorney general says:
THE restricted scope Of the provis-
ions Of this law, as they have been con
structed by the courts, especially in the
case of the United States against E. c.
Knight company, makes amendments
necessary if any effective action is ex-
pected from this department.
Besides the fund at the disposal Of
the attorney general which can be APP
Ef 20 ion MOI f1f0
and prosecution of cases under this law
is wholly inadequate.
The only case in which sufficient ev-
idence was discovered to Justify action
was that of the Joint Traffic association
of trunk line railways against which a
bill was filed by the-United States, Jan.
9, 1896, in the circuit court for the
southern district of New Ork.AlthOugh
the case was ably prepared and present
ed by MIR. Wallace MarH'arlane, United
States attorney for that district, under
my supervision, the cOurt,Judge Wheel
er presiding. dismissed the bill holding
that the articles of agreement of the as
ISOLATION We're not in violation of the
law.
The case of the United States VS..
the Trans-A4issOuri Freight association,
consisting of is railways west of the
Missouri river, which was brought in
the district of Kansas to enjOin a con-
tract and combination among these
companies to maintain rates of freight.
was decided against the government in
both the circuit court and the circuit
court OF appeals, one judge OF the latter
court dissenting. The case is being ar
gued on appeal in the supreme court of
the United States
The circuit court held in this case
that the law in question does not apply
to railroads, chiefly on the ground that
they are exclusively regulated by the
interstate commerce act. The circuit
court of appeals, without directly pass
ing upon this question. held that the
action of the railway companies was
not in violation of the act of July 2
1890
The claim that the act does not ap-
ply to railroads is urged with confidence
in the briefs of counsel now on file in
the supreme court While I maintain
the opposite view and feel confident
of its correctness, the fact that such a
question can be raised and has already
been raised successfully in one court.
affords an instance of the indefniteness
of the terms of this law which is a ser
ious obstacle in the way of its prompt
enforcement -