The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-04-06
THE CRIME OF 1890.

! HSeaiSt al weather, business or
poiitlcs- Just now those who, last year,
were praisings the supreme court to
the sky for it's decision in the income
tax case have gone to the other ex-
IRENE in condemning it because of its
recent decision in the Transmissouri
freight association case. They have
passed from the zenith of praise to the
nadlr of condemnation There was
never any sense in their fulsome praise
and there is just as little in their I'M
warranted condemnation. Here are a
couple of samples of this condemnation.
Mr. Henry Clews. whose weekly circu-
! lars keep the papers and people posted
on the state of the nation, says:
Under the Sherman antitrust law. as
declded by the United States supreme
court, it is a question in my mind
whether it is not illegal to kill hens, as
10 90 so is a restraint upon the egg
trade, and combination with the
dealer in poultry. On the same princi-
pie 1t is also illegal to kill cows, as to
90 so IS restraint to the milk trade
ana may be serious tax on parents
VINO prlng their children up on flesh
milk The owner of a COW, when he
sells it to a butcher to make beef.
makes a combination detrimental to
the milk trade Judge Peckham's de-
clslon clearly sets forth that combina-
lions and anything which is a restraint
TO trade are illegal under the antitrust
law
That is all very funny, though the
wit IS rather dull and heavy But the
condemnation or criticism, or whatever
IL may be called, of the New York Sun
is not much above that of Mr.. Clews.
The Sun says:
Every partnership, from the lowest to
the highest, is put beneath the ban of
the Sherman antitrust law Poor Hon
est John! That his name should typify
the pinnacle of demagogy in the law of
tle United States, The supreme court
decision says expressly that if two men
or business, who are independent deal
ers, as Justice Peckham describes
them, join together into a firm
wherein one is master, their act is in re-
stralnt of trade, or in restraint of trad
ers, to word it more accurately, and is
against the law of the land If two boss
placksmiths are independently on the
verge of starvation and they agree to
combine their shops, one becoming the
apier mans journeyman, the law will
FORBID the agreement as in restraint of
trade. Such condition of partnership
would obliterate one as an ''indepen-
dent business man at the head of his
establishment" and convert him into a
mere servant or agent bound to obey
orders issued by Others" and that
would be against public policy.
Between the union of blacksmiths
and the consolidation of various manu-
featuring companies into one great cor
poration like the Sugar company there
is no difference. 1t is needless to il
lustrate with other examples.
Such is the law for the United States
1t is the same in numerous states. and
the law, including that part of New
York which hinges on the intellect of
our own Lexow. The Sherman anti
trust law was put among our statutes
solely for political purposes. with a
tricky expectation that it would
amount to nothing, or with reckless
disregard of its power for damage.
Demagogues made these laws, and
when it pleases the supreme court to
construe them as it has the Transmits
souri, case the mischief is apparent.
One can say easily: Here we are. But
who can answer the greater question:
Where are We?
Did that portion of the American
p6OplG W HIGH ulQ IlOl like the income
tax case decision ever say anything
severer of the supreme court than is
here said?
There is one portion of the Suns ar
ticle that deserves to have special at
tention called to it. 1t says that the
Sherman antitrust law was put among
our statutes solely for political pur-
poses, with a tricky expectation that it !
would amount to nothing, or with reck- |
less disregard of its power for damage. |
And it declares that demagogues made |
these laws. 1t is very desirable that the |
fact be noted that the same John Sher- |
man who introduced and procured the |
passage of the antitrust bill in 1890 is |
the same John Sherman who intro
duced and procured the passage, in 1873, |
of the bill demonetizing silver, and this |
with a tricky expectation that it !
would amount to nothing &, or with reck-
less disregard of its power for damage"
Already the anti-silver men are de-
the supreme court and max
ing filings at John Sherman, and we
may expect very soon to hear them
bowling about the crime of 1890"