The Topeka state journal., 1899-12-05

ed trusts is matter of federal jurisdic-
tion. When organized, as they oten
are, to crush out all healthy competi-
ton and TO mOnOpOlize the production
or sale of an article of COnRnerce and
general necessity, they are dangerous
conspiracies against the public good,
and should be made the subject of pro-
hibitory and even penal legislation
OLD LAW CITED.
An act to protect trade and COM
n1erce against unlawful restraints and
mOnOpOlies, was passed by congress on
the second of July, 1890. The provisions
of this statute are comprehensive and
stringent. 1t declares every contract,
or combination, in the form of a trust
or otherwise, or conspiracy in the re-
straint of trade or commerce among the
several states or with foreign nations
to be unlawful. It denominates as a
criminal any person who makes any
such contract or engages in any such
combination, or conspiracy, and pro-
vides a punishment by fine or imprison-
ment.
1t invests the several circuit courts
of the United States with jurisdiction
to prevent and restrain violations of the
act, and makes it the duty of the sew
eral United States district attorneys,
under the direction of the attorney gen
eral to institute proceedings in equity
to prevent and restrain such violations.
1t further cOnfers upon any person who
shall be injured in his business or prop
erty by any other person or corporation
by reason of anything forbidden or de-
clared to be unla Wful by the act the
power to sue therefore in any circuit
court of the United States without re
spect 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
nature of a trust or monopoly in re-
straint of interstate or international
commerce.
The prosecution by the United States
of OffenseS under the act of 1890 has
been frequently resOrted to in the fed
eral courts and notable efforts in the
restraint OF interstate commerce, Such
as the TransmissOuTi Freight associa-
ton and the Joint Traffic association,
have been successfully opposed and
suppressed
QUOTES CLEVELAND.
President Cleveland in his annual
message of December 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 themselves as interpreted by the
courts do not reach the difficulty. If
the insufficiencies OF the existing laws
can be remedied by further legislation,
it should be done. The fact must be
legislation on this subject may fall
short of itS purpose because of inherent
obstacles and also because of the COM
pleX character of our governmental
system. which, while making the fed
eral authority supreme within its
sphere, has carefully limited that
sphere by metes and bounds which can
not be transgressed. The decision of
our highest court on this precise ques-
tiOn renders it quite doubtful whether
the evils of trusts and mOnOpOlies can
Ara1 vol
action unless they seek directly and
purpOsely to include in their objects
transportation or intercourse between
states or between the United States and
foreign countries.
TT does not follow, however, that is
the limit of the remedy that may be ap-
Piled. Even though 1t 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 judiciOus-
ly exercise such power"
The state legislation to which Presi-
dent Cleveland looked for relief from
the evils of trusts mas failed to accom-
plish fully that object. This is prob
ably due to great extent to the fact
that different states take different
views as to the proper way to discrim-
mate between evil and injurious COM
binatiOnS and those associations which
are beneficial and necessary to the bust
y
great diversity of treatment in different
states arising from this cause and the
intimate relations of all parts of the
country to each other without regard
ing state lines in the conduct of busi-
ness have made the enforcement of
state laws difficult
UNIFORM LEGISLATION.
1T is apparent that uniformity of leg
islatiOn 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 be-
tween what is injurious and what is
useful and necessary in business opera
tiOns may be obtained and that means
may be found for the congress within
the limitations of its constitutional
power so to supplement an effective
code of state legislation as to make
complete system of laws throughout
the United States adequate to compel a
general observance of the salutary
rules to which have referred.
The whole question is so important
and far reaching that am sure no
part of it win be lightly considered, but
every phase of it will have the studied
deliberation of the congress resulting
in wise and judicious action.