The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-11-29
THE ANTI-TR UST LAW.
Its Futility as n Means OF Legally Re-
HtrAininE Business.

HtrAininE Business.
To THE EDITOR OF THE SUN-Sir: In the
Sunday Sun OF Nov. 81, under the title Of
"A Defence OF Trusts o correspondent proved
the value of those efficient forms Of business
In decreasing cost Of production and In more
readily efectinG the work OF distribution. Hi
letter, and the leader in Tuesdays sun, under
the heading What Have They [Trusts'
Done ?" constitute the only sane discussions OF
this question of the day" that l have lately
seen in the public prints.
In addition. however. to the otherwise COM
plete answer of THE Sun to the so-called do
mand from all parts of the country that Con-
gross and the executive branch of the Govern
ment shall proceed against trusts and similar
combinations" 1t may conduce to sanity of
thought to consider the utter futility of the
existing legislation against trusts.
Congress only once to legislate
against trusts. That effort was the act OF 1890.
which was introduced into the Fifty first Con-
gress by Senator Sherman. The act itself, in SO
far rs any good effects are likely TO accrue from
1t. was stillborn, and the sporadic suits subse-
quently instituted under It have resulted in
completely demonstrating that Its death will not
be succeeded by resurrection.
To enumerate some of its Inherent defects:
i. Tho first three sections of the act attempt
TO the laws OF the United States and unknown
TO the common law except whom the thing
sought to rb be made an offence resulted in con-
offence and, to provide for its punishment is 40
uncertain that, in the very first cases brought
enough to admit flood of adverse criticism.
II, The fourth section, which invests the sew
cases brought, under the act. and presoribes
how that jgrlsdiction shall be exercised, is
In some instances the provisions OF this section
have been considered by able lawyers to contra.
yene the Federal Constitution. A case is now
nfnulnE IN Tie Sunrema InnFf nf fha T,l..
Court Of Appoals for the Eighth Circuit, which
act, because IL attempts to declare a perform
ance 20 be n crime, and to confer upon a court OF
aid punish tho crime, without making et tSe
same time amy provision whatsoever for triaI nv
3nrn; W 70 he e c cSSadsntsed by by the S,xth Amend.
n AZ criinlnai prosecutions tho accused shall
enjoy the right t. a speedy and public trial by
right OF the Federal Goverhment TO seek in ne
court OF equity either dependently or indepen-
tion Of ii, either as u civil or as a Criminal pra-
ccedlnr, as attempted TO BIO provided by this
III, The act does not provide for restraining
the maintenance OF a trust, but only for pre.
venting perSnns from entering into contracts in
~. The act was manifestly intended to be n
Grlmamn' nj S,"u N Nsvertheless. II uniformly
IMPOSES w oIe 'ne Tor each offense, and dIsro.
cards me degree and the duration OF the crime,
Ihn result Is mat The fear and tho force OF pun.
tuae of, the evil. In q word. the status faIiEs'
make me punishment fit tho crime.
greatest defect OF them all is the failure To- spseo
IFS n me act what ana aapce-
trade. In The, Language OF one writsr 1 iii OF
II an ,Or a rcS SnS una pr2Hide that any person GUILTY
as u vaGabond. without IenninH DO punished
continued idleness' or yags6ondage Ties. ,in"rnpg,,
ae Federal Goyernmsnn,si sense to tbs laws
NEW YORK, Nov. 20. hL'