The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-12-06
COMBINATIONS IN
RESTRAINT OF TRADE.
Legislative Attempts to Curb Trusts
Reviewed and Further Acc
ton Recommended.


Combinations OF capital organized into
trusts to control the condition Of trade
among our citizens, to stihe competition,
limit production and determine the prices OF
vok.ng public discussion and should early
claim the attention of congress.
The industrial commission, created by The
act of the congress OF June 49, 1898, has
the disputed questions involved in the SUBJ
Ject OF combinations in restraint of trade
and competition. They have not vet COM
pleted their investigations of this subject,
and conclusions and recommendations at
which they may arrive ara undetermined.
The subject Is one giving rise to many
divergent views as to the nature and va
riety or cause and extent of the injuries
to the public which may arise from large
combinations, concentrating more or less
numerous enterprises and establishments
which previous to the formation OF the
combination were carried on separately.
1t is universally conceded that combina-
tons which enSros s,n or control the marke.
commodity necessary to the general conn
munity, by suppressng natural and ordi-
nary competition, whereby prices are I'M
duly enhanced to the general consumer,
are obnoxious, not only to the common
law. but also to the public welfare. There
must be remedy for the evils involved in
such organizations. II the present law can
be extended more certainly to control or
check these monopolies or trusts, 1t should
be done without delay. Whatever power the
pOSecSS5tS
ant subject should be promptly ascertained
and asserted.
President Harrison, in his annual mes
sage of December g. 1889, says:
Earnest attention should be given by
congress to a consideration of the question
how far the restraint of those combina-
tons of capital commonly called trusts
Is matter of Federal jurisdiction. When
organized. as they often are, to crush out
all healthy competition and to monopolize
the production or sale Of an article of COM
merce and general necessity, they are dam
gerous conspiracies against the public
good, and should be made the subject OF
prohibitory and even penal legislation"
An act to protect trade and commerce
against unlawful restraint and monopolies
was passed by congress en- July 2, 1890.
The provisions of this statute are COM
preheniye and stringent. 1t declares every
contract or combination In the form Of a
trust or otherwise, or conspiracy in the
restraint of trade or commerce between
the several states or foreign nations to be
unlawful. 1t denominates as a criminal
every person who makes any such con-
tract or engages in any such combination
or conspiracy, and provides punishment
by fine or imprisonment. 1t invests the
several circuit courts Of the United States
with jurisdiction to prevent and restrain
violations of the act, and makes Il the
attorneys. under the direction of the at
torney general, to Institute proceedings In
equity to prevent and restrain such vio-
latons. It further confers upon any per-
son or corporation, by reason of anything
forbidden or declared to be unlawful by
the act the power to sue therefor In any
circuit court Of the United States without
respect to the amount In controversy, and
to recover threefold the damages by him
sustained and the costs of the suit, includ-
ing reasonable attorney fees. 1t Will be
perceived that the act Is aimed at every
kind Of combination IN the nature Of Q