The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-07-18

monopoly. eroa though the products are to
D. aspo.ei 9, By commerce naiu.y inuF-
state.
In ,hs, case. which was one relating to
the sugar trust, II was alleged that the
proticis Of the retiuers were sold and dis
,ributed among the several States, that all
be cprupznisa we're engaged IN trade or
cosyrrsrce with several States and that re-
lned sugar g-aa Forwarded by the com
rsaier 70 other States for sale. ! quote cef-
tain expressions from this opinion:
That which belongs TO commerce Is
within the Jurisdiction Of the United
States hu: that which does not belong
TO commerce IN within the jurisdiction
o. the police power OF the State.
Commerce succeeis to manufacture,
and is not part u 1t. The power 70
regulate commerce IS the power 20 pre-
Ecrihe The rulc by which commerce
shall be governed and IL power In
dependent @. the power 70 suTrrese mo-
uopoly.
Contracts 70 buy. sell or exchange
goods 70 be transported among the soy
oral States TIE transport ation and its
instrument allues. and articles bought,
gold or exchanged for the purpose Of
such transit among the States, or put
iu the way Of transit may be regulated.
but This + because they form part ~
Interstate trade OF Gf-ufNEf fH- J it
fact that an article is manufactured for
export 10 another state does not o; g.
colt make Il an article Of Interstate
commerce. and the !nteut of the manu-
fat-urer does not determine he time
when the article or product passes fro7'
the control OF the state and belongs TO
couu erCe.
There mus. be point II time when they
re,-.. 10 IL governed exclusively by the
domestic Law
can particular attention 70 this Ian
guago
thsy ceHsc 20 be governed exclusively
hy fLe domestic Law nod begin 10 lie
governed and protected by the Ma
tiunal law o. commercial reputation
and tNst momen, seems 20 " 10 be
a legitimate one for this purpose. In
which they Commerce their anal move
;aeat from the State OF their origin 10
that o; heir desttnati'n-
| Tho buying and selling and the trans
uor-atlon Incident thereto constitute
| comm cree. and the regulation OF COM
| mere. he the constitutional sense en-
Z braces the regulation At least ri sueh
/ transror' alton.
{ NOW ekeaking OF this particular trust
, which WIS tho sugar trust
TIE object Was manifestly private
gain IN the manufacture OF tho com
modify but not through che VohFal
az Interstate or iore!Sh commerce u
u true mat the Dbl uhcse1 lhat tle
prouucts % these rrnnHTlea were cola
and distributed among The several
STATES and that all the companies were
engaged IN trade or commerce win
the f.ye-sl S'stc3 and with foreign Ma
tons; hut this waS M NOR" fhsn 20
ray that TRADE and commerce
served manufacture to fulhll iis fluc-
! ton.
sugar wns refined 20 sell and sales
Wcra probably made A. Philadelphia
for consumption, and undoubtedly Tor
rcsale by the flrst purchasers through
on pennsylvania md other States. and
refined sugar was alau forwarded by
the COMPANIES - other stafrs Tor sale
Nevertheless, 4 docs not follow that
an attempt to monopcl.ze or the actual
monopoly OF 'he manufacturer was an
attempt, whether evccu'ory or consun-
) mated. to monopallae commerce, cyen
though IN order 10 diSpost OF the pro-
duct. the fundamentally Of commerce
WAS necessarily invoked
ThR sum 81 the enncluslon reached wa
about this That a monopoly or comblna
tian In '.lor 10 fail within tho domain o
congressional remedy, must bear a direc
, relation 20 commerce. bar-weeu the states o
with foreign nations.
Tho ened; ~ MS decision could hardl
e he other than 70 put beyond thu reach o
tho sherman law all combinations exceu
those betwesr olrslcrs. whosc buslnes
constituted IN rSoif the transportation G
commodities from one state 10 auc,icr.
There ie always local trade ryciuslyel
within the state Nhca, tho trust Is SIT
uated and 81 would be- lmpos. 4hir 10 PROV
4 thas any combination Of individuals I
{ mako or sell sugar. oil leather. windo,
glass ar other thugs rnferrei directly {
4 interstate commerce in tho article. manu-
. featured
/ Thai this II not an unfair deduction fror
the Knight opinion IL shown hy me rraps
S missouri Freight ar,iociation case lately 40
, rdea by ino supreme court ~ tho Unite
/ State ! quote from that oage. 100 Unite
States. BIB
We h,ye held that tbs trust act dit
not apply 70 a company engaged In or.o