Omaha daily bee., 1899-02-21
STATES ANp TIE rRrSrS.

The supreme court of the United states
has pointed out that perhaps the most
effective way of dealing with the trusts
will be found in state legislation. Con
grcss can do something for the repres-
sion of these combinations, but its au-
thority in this direction is circumscribed
and needs to be supplemented by the
exercise of the powers of the states,
which are even broader and more com
prehensivc for this purpose than those
of the federal government. 1t is
gratifying fact that there appears to be
an increasing tendency TO invoke the
powers of the state against the comb-
nations and it should receive the great
est possible encouragement. 1T is true
that experience with state antitrust
laws has not been altogether satisfac-
tory. Most of them have been found in
adequate when brought to the judicial
test But this should not discourage
effort in behalf of such legislation. for
unless the opinion of our highest judicial
tribunal is to be discreditcd, the states
have the power in their hands to strike a
htdlu blON W lllt lluSt lblll VI lllO-
nopoly.
There has been introduced in the leg
islature of New York an antitrust bin
which is very comprehensive in its
character. 1t provides that any cor
poration organized under the laws of
that or any other state or country for
transacting business in that state, or
any association of persons whatsoever
that shall create enter into become Il
member of or party to any pool, trust
or combination to control, limit, regu-
late or fix the price of any article of
manufacture or merchandise, or shall
enter into any agreement or combina-
tion to fix or limit the amount or guam
tity of any article of manufacture or
merchandise, shall be deemed and
adjudged guilty of conspiracy to de-
fraud. 1t further provides that it
shall not be lawful for any corporation
to issue or to own trust certificates or
to enter into any combination the pur-
pose of which is to place the manage
ment or control of such combination
in the hands of any trustee or trustees.
Violations of these provisions by n cor
poration organized under the laws of
the state shall forfeit its corporate
rights, while violation by corporation
created by or under the Laws of another
state shall forfeit it's right and privi-
lege thereafter to do any business in
New York.
The provisions of this bill seem to
meet the suggestions that have been
thrown out by the supreme court of the
United States. They appear not to go
beyond the legitimate police power of
the state. Experiment with such legis-
lation would be well worth trying, es-
pecally i'll New York, from which state
most of the big trusts do business. They
they really make their headquarters in
New York and if they can be dislodged
from that state they cannot find an
equally available foothold elsewhere. 1t
is very much to be hoped that the
legislature of New York will enact the
proposed legislation, since there would
be assured an earnest and honest effort
by the present administration of the
state to enforce it. Antitrust legisla-
tion is proposed in some other states
and the disposition to respond to the
popular demand in this respect is so
general as to warrant the expectation
that within a few years there will be
few of the states without antitrust
laws.