The Portland daily press., 1899-04-01
RELATIVE TO TRUSTS.
An Illuminating Letter From Attorney
General Grigss.
philadelphia Public Ledger. }

philadelphia Public Ledger.
Mr.. j. G. Borradaile Of 1910 Girard
avenue, who has property interests in
Congressman Lnudenslager's district.
wro te q letter on the 18th inst to the
Hon. John W. Griggs. attorney. general
of the United States. on the subject Of
trusts and monopolies. Mr.. Borradsils
said that he found among the people
great opposition to- combinations in re-
straint of trade. and, Is . Republican, b,
hoped the party would meet the Issue BY
instituting prosecutions under the "SAer'
man act" He requested to be informed
of the attitude OF the atsorney-gsneral,
and yesterday Mr.. Borradails received a
reply. copy Of which follows:
Office Of the Attorney -Genesal,
Washington, ID. O., March 20.
Mr.. J. q. Borradaile. 1910 Girard avenue,
Philadelphia.
Dear Sir-I have your letter Of the nth
inst and because 1t 10 evident you are
under serious Misrepresentation rs to the
force and effect of the Federal law relat-
ing to trusts, called the SHERMAN act. ~
passed in 1890, deem IL proper TO call
your attention to some aspects Of this
matter which you are obviously ignorant
Of
In the first place, the constitutionality
of this matter was not atbrmedllast fall,
but was affirmed almost immediately
after tine passage of the act, in the first
case which arose, and has been regarded
as settled, so far as the constitutionality
is concerned, for many years.
In the next place. the Sherman trust
act does not give to the Federal courts
jurisdiction over any combination oonstl :
tuting q restraint and monopoly OF trade
unless such trade Is what Is known as
Interstate or international trade and com
merce A combination or trust for the
purpose OF maintaining necs ssity OF life
is not within the scope of the sherman
act, and cannot be suppressed BY the Fed
eral courts, This was decided in 1894, In
the cass of the United States against the
mbination OF sugar companies
AS a matter of fact, all OF the compan-
les which you refer to as now organizing
for the purpose of securing complete OF
partial monopoly Of different branches OF
manufacture are similar to the sugar com
binatiop, and are not within the jurisdtc-
ton of the Federal tcourts. Ii amenable
10 any law they are amenable to the laws
of the respective states.
This department never hesitates to
.uuidWloA OotbGlhhUiObs WnAoAA
affect interstate commerce, and II you
will examine the reports of the Federal
courts you will find very many .cases Of
such prosecution, some effective and some
ineffective. 1t is popular error, nursed
nv such newspapers MS the New York
"World, te asssrt that the attorney gen
era of the United States has control of
toe corporations or combinations which
ehl age in manufacture In the various
states This is entirely matter OF state
control, and unless the functions of inter
state commerce ara interiered with
would be superofiicious 10 attempt a cru
sale against affairs with which / have no
business
With reference 10 thos are combina.
lions OF capital which TOW forminR,
my own Judgment is T. ~ nv. danger is
not 50 much to the touh,t nifty ut large
ps it Is TO tho people who ar, induced to
put treir money into the purchase OF the
stock. Very respectfully,
JOHN W. GRIG is.