Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1899-12-08

ously to the formation of the combination were
carried on separately.
1t Is universally conceded that combinations
which engross or control the market OF any
particular kind Of merchandise or commodity
necessary to the general community, by sup
pressing natural and ordinary competition.
whereby prices are unduly enhanced to the
general consumer, are obnoxious not only TO
the common law but also to the pubic welfare
There must be emedy for the evils involved
in such organizations. II the present law can
be extended more certainly to control or check
these monopolies or trusts, 1t should be done
without delay. Whatever power the congress
possesses over this most important SUBJECT
should be promptly ascertained and asserted.
An act to protect trade and commerce against
unlawful restraints and monopolies was passed
by congress on the I'd Of July, 1870. The pro-
visions of this statute are comprehensive ana
stringent. 1t declares every contract or COM
bination, In the form OF n trust or other
wise, or conspiracy In the restraint OF trade or
commerce among the several states or with
foreign nations, to be unlawful. 1t denomi-
mates Us criminal any person who makes any
such contract or engages in any such compina-
ton or conspiracy and provides punishment
by fine or imprisonment. 1t invests the circuit
courts of the United States with jurisdiction TO
prevent and restrain violations OF the act ana
makes it the duty OF the several United States
district attorneys, undey the direction OF the
attorney general to f/Eitute proceedings In
equity to prevent and restrain such violations.
1t further confers upon any person who shall
be injured in his business or property by any
person or corporation 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 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
trust or monopoly in restraint OF interstate
or international commerce.
The prosecution by the United States OF Of
lenses under the act of 1899 has been frequently
resorted to in the federal courts and notable eff
forts In the restraint OF interstate commerce,
such as the Transmissouri Freigfi association
and the Joint Traffic association, have been
successfully opposed and suppressed.
State fc.i-!ation Inadequate.
The state legislation to which President Cleve-
land looked for relief from the evils OF trusts
has failed to accomplish fully that object This
probably Is due to a great extent to the fact
that different states take different views as to
the proper way to discriminate between evil
injurious combinations and those associations
which are beneficial and necessary to the bust
ness prosperity OF the country. The great di-
versity off treatment in different states aris-
ing from this cause, and the intimate rela-
lions of all parts of the country to each other
without regarding state lines in the conduct OF
business. have made the enforcement OF state
laws difficult.
1t is apparent that uniformity OF legislation
upon this subject In the several states is much
to be desired 1t is TO be hoped that such uni =
formity founded in wise and just discrimi-
nation between what is injurious and what is
useful and necessary in business operations
may be obtained, and that means may be found
for the congress within the limitations OF its
constitutional power so to supplement an effect
i've code of state legislation as to make a COM
p!ete system of laws throughout the United
States adequate to compel a general observance
of the salutary rules to which have referred
Fuvo-s the Nicaragua Canal
The Nicaragua canal commission which had
been engaged upon the work OF examination
and survey for ship canal route across Mica
ragua, having completed It's labors and made
its report was dissolved on May 81 and on June
10 new commission, known as the isthmian
canal ommisson was organized under the
terms of the act approved March 3, 1889, for the
purpose of examining the American isthmus
with view to determining the most practicable
and feasible route for ship canal across that
isthmus, with its probable cost and other es-
sental details. Good progress has been made.
but under the law comprehensive and COM
plete investigation is called for, which will re-
luire much labor and considerable time for its
accomplishment. The work will be prosecuted
rs expeditously as possible and report made
at the earliest practicable date The great i'm
portance of this work cannot be too often or
too strongly pressed upon the attention OF the
congress. In my message Of year ago ex-
pressed nv views OF the necessity OF canal
.snich would link the two great oceans, to which
/ agail invite your consideration. The reasons
then presented or early action are even stronger
now.
Our Taterests in China.
In view Of disturbances in the populous prov
inces of northern China, where are many OF
our citizens, ana of the inminence of disorder
near the capital and toward the seaboarl,
guard of marines was landed from the Boston
and stationed during last winter in the legation
at Picking. With the restoration OF
order this protection was withdrawn. The in
terestS of our citizens in that vast empire have
not been neglected during the past year. AIDE
uuate protection has been secured for our mis-
sionaries and some injuries To their property
have been redressed.
American capital has sought AMI found vari-
Gus opportunities Of competing to carry ont the
internal improvements which the imperial gov
crnment is wisely encouraging, and TO develop
the natural resources of the empire. Our trade
with China hGs continued to grow, and our COM
mercial rights under existing treaties have
been everywhere maintained during the past
wear. as they will be in the future. The ex-
tension of the area open to international
foreign settlement at Shanghai and the opening