The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-12-06

against unlawful restraints and monopo-
lies was passed by congress on the I'd
Of July. 1890. The provisions of this
statute are comprehensive and stringent
1t declares every contract or combina-
ton, in the form of a trust or otherwise
or conspiracy In the restraint Of trade
or commerce among the several states
or with foreign nations, to be unlawful
1t denominates as a criminal every per-
son who makes any such contract or en-
splracy, and provides a punishment by
fine Or Imprisonment. 1t invests the sew
eral circuit courts of the United States
with Jurisdiction to prevent and restrain
VIOLATIONS of the act. and makes it the
duty Of the several United States district
attorneys under the direction OF the at
torney general. to institute proceedings
In equity to prevent and restrain such
violations. 1t further confers upon any
person who shall be injured in his bus
mess or property by any other person or
corporation by reason Of anything for
hidden or declared to be unlawful by the
act. the power to sue therefor in any
circuit court of the United States, with
out respect to the amount in controversy,
and to recover three-fold the damages
by him sustained. and the costs of the
suit. including reasonable attorney fees.
1t will be perceived that the act is aimed
at every kind of combination in the ma
ture of q trust or monopoly in restraint
OF interests or international commerce.
The prosecution by the United States
Of offenseS under the act Of 1890 has been
frequently resorted to in the federal
courts, and notable efforts in the re-
Straint of interstate commerce, such. as
and the Joint Traffic association. have
been successfully opposed and sup
pressed. President Cleveland in his an
nual message OF Dec. Z, 1S96-more than
six years subsequent to the enactment of
this laW-after stating the evils of these
trust combinations, says:
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 enforce
them, but simply because the laws them
selves, as interpreted by the courts. do
not reach the difficulty. If the INSULT
ctencies of existing laws can be remedied
by further legislation 1t should be done.
The fact must be recognized, however,
that all federal legislation on this sub
ject may fall short of its purpose because
of inherent obstacles, and also Of the
complex character of our government
system which, while making the federal
authority supreme within its sphere, has
carefully limited that sphere by metes
and bounds which cannot be tranSgreSS-
ed. The decision of our highest court on
this precise question renders 1t quite
doubtful whether the evils of trusts and
monopolies can be adequately treated
through federal action, unless they seek
directly and purposely to include in their
objects transportation or intercourse be-
tween states or between the United States
and foreign countries.
st 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 not 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"
The state legislation to which Presi-
dent Cleveland looked for relief from
the evils of trusts has failed to accom-
plish fully that object. This is probably
due to great extent to the fact that
different states take different views as to
the proper way to discriminate between
evil and injurious combinations and
those associations which are beneficial
and necessary to the business prosperity
of the country. The great diversity Of
treatment in different states arising from
all parts of the country to each other
without regarding state lines in the con-
duct q business have made the enforce
ment of state laws difficult.
lation upon this subject in the several
states is much to be desired 1t is to be
hoped that such uniformity. founded in
a wise and just discrimination between
what is injurious and what IS useful and
necessary N business operations, may
be obtained. and that means may be
found for the congress within the limita-
lions Of its constitutional power so to
supplement an effective code of state
legislation as to make a complete system
of laws throughout the United States
adequate to compel general observance
of the salutary rules to which l have re-
ferred.
The whole question is so important and
far-reaching that 1 am sure no part of 1t
will be lightly considered. but every
phase Of 1t will have the studied deiibera-
ton of the CONGRESS, resulting IN wise
and judicious action.