The news & observer., 1897-03-13
TITS A GAME or NOW YOU SEE IT
AND NOWs"YOU DON'T.

AND NOW0YOU DON'T
News comes that the suit against the
cigarette trust brought in New Jersey
has been dismissed. The newspaper read
ers who kept up with the evidence had no
room TO doubt that the American Tobacco
Company was a trust with big T; that
it destroyed competition; that it was in
restraint of trade; and that it filed the
definition of trust in all the law books
and dictionaries. But the suit is dismiss
ed. 1t is too rich and powerful to be
made amenable to law.
Here in North Carolina, during the re
cent session of the Legislature, copy
of the Geargia antitrust law, the only
law yet adopted that seems to hit trust
between the eyes, was introduced. 1t
never got out of the committee. The
agents of the trusts owned the influences
that controlled the Legislature even more
completely than the railroads did. The
trusts won without even a row; the rail
roads had to make the fight of their lives
to prove ownership.
The Lexow Commission in New York
has been investigating Che Sugar Trust,
the Cigarette Trust, and other such ille-
gal combinations. We have published
much of the evidence. What was the re
suit? Mr.. Lexow makes a report that
there is not sufficient legislation, and that
inasmuch as these trusts operate in all
the States it will be best to entrust their
suppression to the Federal Government
He recommends State legislation, but
rather excuses the State by showing how
much better the Federal administration
can amnihilate them.
Cleveland sought to excuse himself for
yiolating his pledge to suppress trusts by
virtually saying that the several States
could better deal with them than the
Federal administration He wrote i'll his
last message:
Though Congress has attempted to
deal with this matter by legislation, the
laws passed for that purpose thus far
have proved ineffective, not because of
any lack of disposition or attempt to en-
force them, but simply because the laws
themselves as interpreted by the courts
do not reach the difficulty. IL the insult
ficiencies of existing laws can be remedied
by further legislation it should be done.
The fact must be recognized, however,
that ali Federal legislation ON this subject
may fall short of its purpose because of
the inherent obstacles and also because
of the complex character of our govern
mental system, which while making the
Federal authority supreme within its
sphere, has carefully limited that sphere
by metes and bounds which cannot be
transgreSsed. The decision Of our high
est court on this precise question renders
it or doubtful whether the evils of
trust5 monopolies can be adequately
treated through Federal action unless
they seek directly and purposely to in
clude in the objects transportation or
interiors between States or between the
United States and foreign countries.
1T does not follow, however, that this
is the limit of the remedy that may be
applied Even though it may be found
that Federal authority is broad enough
to fully reach the case there can be no
doubt of the power of the several States
to act effectively in the premises, and
there should be no reason to doubt their
willingness to judiciously exercise such
power"
And so we have the game of shuttle
cock. The President, anxious to avoid
making the fight to which he was com
mitted, tosses the prosecution over to the
State authorities, and equally anxious
not to offend these powerful agencies,
the State officers toss it back to the Fed
eral government. From one to the other
it goes, and the robbery of the people goes
on unchecked.
One of these days the people will rise
up and assert the truth that they have
the right to have the doctrine of Jeffer-
son that men shall not injure their fellows
enforced.
Or-or we have no government by the
nponle