Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-12-05
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divergent views as to the nature and va
rieiy or cause and extent OF the inquiries
Z" the public which may rcsul, from larry,
combinations concentrating more or less
numerous enterprises and ESTABLISHMENTS.
which previously to The formation II tn.
combination We're carried On separately
1t IS universally conceded thlt conbiua-
tons which enEross or control th., market
of any particular kind of merchandise, or
commodity necessary 10 The general com
mLnliy, by suppressins natural aud nrii-
nary competition whereby prices are un-
duly enhanced % the general consumer
are obnoxious no, only 60 the common law
but also 10 the public welfare There must
be a remedy tor the evils involved in such
organizations. II the prcs,n. law can Inc
extended more certainly 10 control or check
Eo-' monopoies or trusts II should he
done without delay Whatever power the
Congress possesses over this mos, important
subject should be promptly ascertaiued and
asserted.
President Harrison in his Annual Mes
sage OF December 3, 1889. SAYS:
Earnest attention should he given by
congress 10 consideration Of the quss-
ton how far the restraint Of those com
olnauons 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 commerce and general necessity
they are dangerous Conspiracies against
The public good and should be made the
subject of prohibitory and even penal lcgis-
Iation."
The Act of July, 1890.
An act TO protect trade and commerce
against unlawful restraints and nnoDonoliss
was passed by Congress on the % Of Jul,-.
1870 The provisions Of this statute are
comprehensive and stringent It declares
every contract or combination. 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. It denominates as a Grim
iEal every person who makes any such con-
tract or engages In any such combination
or conspiracy, and provides a punishment
by hne OF Imprisonment II 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 several United States district
attorneys, under the direction of the At
torney-General. TO institute proceedings in
equity to prevent and restrain such viola
lions. 1t further confers upon any person
who shall be injured in his business or
property by any other person or corpora
ton 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. including reason
al Ia
that the act is aimed at every kind Of com
bination in the nature of a trust or monop-
oily in restraint Of interstate or internal
ional commerce
The prosecution by the United States OF
offenses under the act of 1890 has been fire.
quently resorted to In the Federal courts,
and notable efforts in the restraint Of inter
state commerce. such as the Trans Missouri
Freight Association and the Joint Traffic
Association, have been successfully op-
posed and suppressed.
President Cleveland in his Annual Mes
sage of December :, 1s9I-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 insufffcieucies Of existing
laws can be remedied by further legisla-
ton, it should be done. The fact must be
recognized, however, that all Federal legs-
lation on this subject may fall short Of It's
purpose because Of inherent obstacles. and
also because of the complex character OF
tai u-bt
making the Federal authority supreme
within its sphere, has carefully limited that
sphere by metes and bounds which cannot
be transgressed. The decision of oui high
est 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.
1T does not follow, however, that this Is
the limit Of the remedy that may be ap-
piled. Even though 1t may be found that
Federal authority is not broad enough 10
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"
State Liquidation Has Failed
The State legislation to which President
Cleveland looked for relief from the evils
Of trusts has failed to accomplish fully that
object. This Is probably due to a great
extent to the fact that different States take
different views as to the proper way to
discriminate between evil and injurious
and those associations which
are beneficial and necessary to the business
Of the country. The great d.
versity OF treatment In different States
arising from this cause and the intimate
relations of all parts Of the country to each
other without regarding State lines IN the
conduct of business have made the enforce
ment of State laws difficult.
1t is apparent that uniformity Of legisa-
ton upon this subject in the several states
Is much to be desired. II is to be hoped
that such uniformity founded In a wise and
Inst snrsr, 4r,.,- don, hos 81