The star. (Reynoldsville, Pa.) 1892-1946, 1896-02-19
THE SHERMAN ANTITRUST LAW
or BUT LITTLE USE.
The Attorney General Shows weah Spots
in the Antitrust Law.

Attorney General Harmon sent to the
House n reply to the resolution ot January
z requesting him TO rvport what steps he hps
taken to enforce the iaw against trusts. COM
binntious and cons nspiracies In restraint OF
trade. The attorney general says;
Many complaints have been made against
alleged trusts. combinations and monopolies
which, In so far as they relate to matters
within the Jurisdiction OF the federal govern
ment, I have endeavorej 20 investigate M
we'll az the means at my disposal permitted,
Some such Investigations are now In progress.
Two actions are now pending, based partly
or wholly on alleged violations Of what If
known as the sherman act. They both re-
late TO agreements among Interstate carriers
The question In resolution rs to 'what fur
ther legislation IL needed to protect the pec-
pie IL, the attorney general says, one II
general policy and not one OF law, which
therefore, does not pertain TO his depart
ment. The sherman antitrust law IA CON
strued by the supreme court, says the attor-
ney general, does not apply To the most com
plete mouopolies acquired by unlawful com
binatons Of concerns which are naturally
competitors; that they In fact, control the
market of the entire country, " engaging in
interstate commerce he merely one OF the
Incidents of their real business and not its
direct and immediate object.
The virtual effect of this is to ,cxcu,,c
from the operation of the law manufacturers
and producers Of every class, and probably
importers also.
As matter OF fact no attempt to secure
monopoly or restrain trade and commerce
could possibly succeed without extending it.
self largely IL not entirely over the country,
so that while engaging In interstate COM
mcrce may not be the direct or immediate OBJ
ject, II is a necessary step In all such under
I.
the matter except what Is derived from its
power to prevent and punish such CONNER
cial combinations and conspiracies, congress
may make II unlawful To ship from one state
to another In carrying out or attempting Ia
carry out the d,signs of such organization
articles produced, owned or controlled by
them or any of their members or agents
The Limitation of the present law enables
those engagedin such attempts to escape
from both state and federal governments. the
former having no authority over interstat,
commerce, and the latter having authority
over nothing else. By supplemented state
action in the way Just suggested congress
can, in the opinion of the attorney general
accomplish. the professed object OF the pres
ent law.
The attorney general says that several o.
the circuit courts held that the Sherman anti
trust law, which used general terms, with nc
attempt To define them. made nothing unlaw
full which was not of the unlawful before, bu
N rely provided punishment for such agree
ments and conspiracies against trade an,
commerce as the courts have already refuse,
10 enforce between the parties.
The result has been great doubt and un
certainty and the failure of the law to ac
complish its purpose. II II il proposed to per
sist In that purpose the encouragement sug
gests an amendment which will leave N,
doubt about what Is meant by monopolies b,
attpmu ming n mOnOpolizp and by contracts