New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-10
rEXOW AIRS HIS TROUBLES.
ur FINDS TRUSTS vILLANOCs. BUT
HARD TO GET AT.


THE DEMOCRATIC CAMP.
Albany March (specaD.-sera'or Leno" W.
suhr,,t,ed a s,upendous document TO the SEN
ca! , ~ the Trust Investigating Com
"'e "' Vs. ~. resul, Of its investigation. He SAID
mn "a No, submitted any bills against trusts
,.s ,ho renort although the character OF 'hose II
IS Intended to Introduce were s*e'cheo III ''ie
-, In the latter part OF the week ''e' " "
oserted 10 the Senate. and ne asNeu '''''' '"'
su,s and the report be made subject LOT speo'''
oi's , s.,n next Tuesday This request was
granted. ,sor ora Senator
~ :, prookyn. came into collision when
-. .,ocsd before the Senate minority re-
w 90 a member Of the Trust Investigating COM
,,,.o IN which he asserted That the sugar i'uS'
~ lowered the price OF sugar ana lhcre'S'u "'
"or,,orsa,ion OF the workingmen IN the sugar IT,
fnories. .,.... c.,o,or Nc
., ,,s, 20 state" said Cantor. that senator NJ
(.-r.r was no. selected as member OF the rus
,,oo,,n9 Committee by the minority we
80 not consulted by the Iieu'enant-EoVer"o,
w.. .hs a,poin tment according 10 the usage u
-. Senate and the minority Is not resPon'
,ho nature of Senator McCarrens report
senator McCarren retorted that ne hao ho'
.,.od tho leadership Of Senator Cantor since '"e
session began. ,.u,s ,,.crnoon
..,,,,o,ea ,he action Of Senator McCarren ~
s,,r,vins the majority report OF the comm. Do.
.a,, 40 FAR a. II affected the America"
fning Company oso,,a,ive Of the
Asseu,blvrran Barry. the represeh ali
Assembly Democrats on the Le~o~ 60" ,ho a.ti-
submit a minority report later ue" ,s,s
ID ., tho Democrats on the question ot ~ ..-
=, - -enor, defines trusts as lono"''
No,,,o combinations Of capital 10 pe 'H' ST..
ing together under one manaeen hns,ness pur-
.,.-,hu,ions Of many for stric'! 0, ,aos
,oses involving economy IN 'ne 49, r-ospc-
p,,, -aeul, IN the final distribution OF INC
W." - ,.reurner we define the trust 10 D "
~ ,,,, hro,ght about for the purpose "
.,na AGAINST the natural law OF suppH
.,a,a destroying competition oy ", - ho,b
<, rra,hods In order 10 secure 0o"''0 s., -
oI,c, and market. or permitting coi"t s,.,,a
co,orab,v and 10 the extent OIL ieiu''"e
exist onH ahso,ute monopoly. The one moves
1851, me natural law: the other Is oee
- o,sra,e against the natural law
l. ano,her place the report says - We" .,,,
=. ,-o,,r committee - pursue l's '" 49,. IT,, Tho
,,,,,ss, iInpartiality and fairness o"' W..
'- Junction 10 elicit all the facts heceSsa'' ~
- o complete disclosure OF the eco"o'''o -,
seo-'o 80, ,a-,a under our observation III shou'u
= =, mind that those whom we eAa'i''
- ol~cos, without exception ofncers III 'ne .,.
md rnanaCenent OF the respective conn ,
.,rsecuenily they proved 10 De reiuO'" ,',..., -
ss,ro,s Of evadng direct answers SUN
oil he ~
-. t,,e.ests and anxious always 10 d's0iose o'I',
- -,,, ~ the systems which they representa-
- 10 tho nature Of cross-examinacoh' " '
oa-oe necessary at ;imes 10 proceed WIN - -,
ssy.ri,v But conceive that 'e Ga -
80 - delicate or sympathetic treatment "a
es,s which are designed 70 ope'a'e e .,
-, ~ and seeking the protection anu |
80 - .-a-,srs # other States. develop under 'hei
-. .vs,e7,s within our borders which ca
- ,iss.-fs<,,.ion and resentmen; OF our peop
WI n reference 10 the question OF rem ,..ho
ION .be repor, says. in part: IN ue'ei -
ra.u~a and scope OF the remedies TO De appNer
-. -. N. ou,set by the difficulty that comona-
.t--s such as those considered mere "pe'A'' ,
,, ...~,. ,a.ure over the whole or yer! 'a's
-. -, 80 ,.--,ory OF the Union. DISTINCT ac'' VI
f-,res~io, o. repression committed IN o'h'' y"
o '1 80. ha successfully attacked by local au-
,b--,iv There seems 10 be no reieu9 - -,
1.-two a. factories in Philadelphia, New-brunS"'cA'
Camden. Naugatuck or Baltimore as pa pa a mo.
- nan OF combination designed 10 secure 'O
rOpoy. . =, ,ba Ease that
IT Is unfortunate in this aspect OF 'he cas-
me limitations upon the Federal power d. -
mined hv the United States Supreme No"I pa,
Iii. arrul he force OF the 80 called ohe.'"a"
An.,-Trus. law because II - clear 'ha1 90
,bori,v in view Of the considerations ABOVE
,. ha .ba orlv Jurisdiction with adequate power
20 afford a complete remedy ,;~
Moreover We are confronted not merely oS u''"
c.l-ies Incl ;ent 10 the commission d dc's Vi ~
.,,i combination oppression or restriction eN'
r,,-riallv bu, which affect the interests VI nc 90
a,-e,.ly There Is another consideration which con-
-, -, - y. n,ssible relief That part OF the
WIN Amendment Of the Federal CONSTITUTION
which reads: No State shall make or enforce any
Law which shall abridge the privileges OF
- a, liens OF the United States nor snah an! 'a'e
seo-,ye arv person of life liberty or p'ope'! ""
on, 4,e nr,cess OF law or deny 10 any person "l'h'l
mai rr0
na, held n a large number Of authoritative deci-
Sims ., apply with special force 10 egisia'oh Vi INC
character here considered and TO restrict the author
itv = the several States IN dealing legsiatNeiy WIN
this subject. ,,,,
Tho light Of contract inheres in the individual
o., ,onsf,tntional privilege A full and free right
81 r.nfract 30 far as same may not connect
With pubic policy or be prejudcial 70 public In,
contract co-exists with ana IS !ncidea y ~ IN IN
me natural law as the very foundation OF human
progress and development. II Is sacred p'In"sse
Constitution The prohibition must rest, therefore
not upon the fact Of combination, Dut upon .ac
objectionable character OF the object OF the com
Et3ation And the first question which presents
itself Is whether acts otherwise lawful may Decohls
the constitutional sanction because OF their magni-
tude. Acts perfectly harnssss IN ,ar1r,a Ton
when they form part Of system which as
whole in plan and scope operates nJurious,y 20 .he
public interests. especially when conducted UPON a
scale and magnitude amounting to pracucai
monopoly . ~, , "a ., -
III may be advisable in the granting of corporate
charters to impose limitations upon the voiume OF
s,ock 10 he issued but in the absence Of similar
provisions In the law of other states discrimina-
ton would exist injuriousy affecting domestic cor
pOratOns. ,-,-- ,.,, ~.
AS 70 foreign corporations provision should be
made 10 remove the inequalities which now exist be-
tween domestic and foreign corporations transact
ing business in this State. Inequalities In taxation
should be remedied and foreign corporations snould
be compelled to comply with all those provisions OF
the local law governing domestic corporations wnich
may be practically extended 70 them All require
rents OF the local law especially designed for the
protection Of creditors and shareholders should he
imposed upon foreign corpora lions operating here.
bill IS in preparation 10 accomplish this recon-
mendation and will be submitted.
AS 10 foreign corporations in the nature OF
monopoies provision may be made for refusal or re-
vocation OF licenses transact business IN tnlS
State. Bat would seem be too radical rem
edy In the absence OF prior judicial determination
that monopoly in fact exists. Another suggestion