The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-02-14
HARMON REPORTS TO THE HOUSE
Opinion Rendered on some Limitations OF
the sherman Antitrust Law.

]
the sherman Antitrust Law.
Washington, Feb. 13-Attorney Cen
eral Harmon today sent 10 the house
| a reply 10 the resolution OF aJnuary Z,
requesting him TO report what steps he
has taken 10 enforce the law against
trusts, combinations and cOnspiracies
I in rstraint Of trade. The attorney gem
eral says:
MANY complaints have been made
against alleged trusts, combinations
and monopolies, which, in so far as
they appeared TO relate TO matters with
in the Jurisdiction of the federal gov
eminent, l have endeavored 10 inves-
tigate as well as the means at my dis
posal permitted. Some such investi-
cations are now in progress. Two &C
tons are now pending, based partly or
wholly on alleged violations of what
is known as the Sherman act. They
both relate to agreements between in
terstate carriers
The uestion in the resolutions as to
what further legislation is needed TO
protect the people" the attorney gener-
al says is one Of general policy and
not one Of law and therefore does not
pertain TO his department. The Sher-
man antitrust law as construed by
general, does not apply to the most
complete monopolies acquired by I'M
lawful combination of concerns which
are naturally competitors, that they
in fact control the market Of the en-
tire country, If engaging in interstate
commerce be merely one of the incl
dents of their real business and not its
direct and immediate object. The vir-
tual effect of this is TO exclude from
the operation Of the law manufacture
ers and producers Of every class, and
probably importers also.
"As a matter of fact no attempt to
secure monopoly or restrain trade or
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. il
is a necessary step TO all such under
takings. While congress has no au-
thority in the matter except what is
derived from its power 70 prevent and
punish such commercial combinations
ana conspiracies. congress may make
It unlawful to ship from one state TO
another in carrying out or attempting
TO carry out, the designs OF such organ
liza articles produced, owned or con-
trolled by them or any OF their mem
bers or agents.
The limitation OF 'He present law
enables those engaged in such attempts
70 escape from both state ava leder9 &
governments, the former having no au-
thority over interstate commerce, and
the latter having authority over nothing
else. BY supplemental state action, in
the way just suggested, congress can,
in the opinion Of the attorney general,
accomplish the profeSsed object of the
present law
The attorney general says that sever
al of the circuits courts have held that
the Sherman antitrust law, which used
general terms with no attempt 10 define
them, made nothing unlawful which
was not unlawful before, but merely pro-
vided punishment for such agreements
and COnspiracies against trade and
commerce, as the courts have always re-
fused TO enforce between the parties.
The result has been great doubt and
uncertainty and the failure Of the law
to accomplish its purpose. If It Is pro-
posed to persist in that purpose, the at
torney general suggests an amendment
which viii leave no doubt about what 1t
meant by mOnopolies. by attempt TO
monopolize and by contracts, cOmbina-
tons and cOnspiracies in restraint Of
trade and commerce.
The attorney general thinks the law
should contain a provision like that Of
the interstate commerce law 10 prevent
the refusal of witness TO answer on the
ground of Standardization, suggests
the propriety of making the penalties OF
the law applicable only TO general Off
GERS, managers and agents and not TO
subordinates, and says that the diff
Guilty Of obtaining proof might be dis
missed, if not removed, by enacting as
a rule of evidence that the purchase or
combination in any form. Of enterDris-
es in different states which We're COM
petitiye before such purchase or COM
bination. should be prima tacie evil
denCe Of an attempt 70 monopOlize. a
similar provision should be made with
respect TO we'll known methods Of doing
business throughout the country which
are designed 10 deprive dealers Of lber-
~ Of trade and compel them TO be in
strments OF commercial conspirators.
In conclusion the attorney general set
forth that if his department is expect
ed TO conduct inves tigations Of alleged
violations of law, il must be provided
with liberal appropriations.