The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-12-06
sTIFIINa TRUSTS
which KIN Competition, Limit Pro-
dustion and Arbitrarily Determine
Priee.

Which XIII Competition, Limit ITO
duction and Arbitrarily Determine
Price.
Combinations of capital organized
into trusts to control the conditions Of
trade among our citizens, TO stIfe COM
petition, limit production and deter
mine the prices Of products used and
consumed by the people, are Justly pro-
vokIng public discussion. and should
early claim the attention Of the Con-
Eress.
The industrial commission, created
BY the act Of the Congress Of June IL.
1883, has been engaged in extended
hearings upon the disputed questions
involved in the subject Of combtna-
lions in restraint Of trade and compe-
tifion. They have not yet completed
their Investigation of this subject, and
the conclusions and recommendations
at which they may arrive are undeter-
mined.
many divergent Views as to the nature
and variety or cause and extent OF the
injuries to the public which may result
from large combinations concentrating
mora or less numerous enterprises ana
ACKNOWLEDGEMENTS WhAASAA RA@FASAaA4 W
the formation Of the combination were
carried on separately.
It is universally conceded that COM
binations which engross or control the
market Of any particular kind OF mer-
chandise or commodity necessary to
the general community. by suppressing
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 public welfare, There must be a
remedy for the evils involved in such
organizations.
Monopolies Condemned.
II the present law can be extended
more certainly to control or check
these monopolIes or trusts, it should
be done without delay. Whatever pow
er the Congress possesses over
this NEST important subject should be
promptly ascertained and asserted.
President Harrison in his annual
message Of December 8. 1883, says:
Earnest attention should be given
by Congress to consideration OF the
question how far the restraint Of
those combinations Of capital common
Is called trusts is matter OF federal
jurisdiction. When organized. as they
often are, to crush out all healthy COM
petition and to monopollze the produc-
ton or sale Of an article Of commerce
and general necessity they are danger
Gus conspIracles against the public
good. and should be made the subject OF
prohib!tory and even penal leglsla-
tion."
An act to protect trade and COM
nerce against unlawful restraints and
Ilonoplles was passed by Congress on
TIE End Of July. 1880 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-
stralat of trade or commerce among the
several states or with foreign nations,
TO be unlawful. 1t denominates as
:rimlral every person who makes any
such contract or engages in any such
combination or conspiracy, and provides
a pupishment by fine or imprisonment. It
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.
It further eonfeFS upon any person who
shall be injured in his business or pro-
perty 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 re-
Bpect to the amour: in controversy,
and to recover threshold the damages
by him sustained and the costs Of the
suit, including reasonable attorney fees
1t will be perceived that the act Is aim
ed 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 ohenses under the act Of 1880 has
been frequently resorted to in the fed
eTal courts. and notable efforts In the
restraint Of Interstate commerce, such
a. the Trans-Missourl Freight Associa-
ton and the Joint Traftlc Association
have been successfully opposed and
suppressed.
President Cleveland in his annual
message OF December Z, 1So6-more than
six years subsequent to the enactment
Of this law-after stating the evils Of
these trust combinations, says:
Cleveland Quoted.
Though Congress has attempted tC
deal with this matter by legislation, the
laws passed for that purpose thus far
have proved Ineffective. not because OF
my AhEA VI uAbpV8lll0u hkNGllFI u
enforce them. but simply because the
laws themselves as interpreted by the
courts do not reach the difficulty. II
the inBuficiencies Of existing laws car
be remedied by further legislation, Il
should be done. The fact must be rec.
ognizod. however. that all federal leg.
IsIatlon on this subject may fall short
Of It's purpose because Of inherent OBJ
8taclea, and also because Of the com.
pleX character Of our governmental
system, which. while making the fed,
OF1i authority supreme within til
sphere, has carefully limited thai
sphere by netes and bounds which can,
not be transgressed. The decision Of
our highest court on this precise ques.
ton renders II quite doubtful whether
the evils Of trusts and monopolles car
be adequately treated through fedora
action, unless they seek directly ant
PuTposeiy to include in their objects
transportation or intercourse between
states or between the United State,
and foreign countries.
1T does not fellow. however, thai
this Is the limit Of the remedy tina
nay be applied. Even though It may
be found that federal authority is mo-
broad enough to fully reach the case
there can be no Doubt Of the power o.
the several states 10 act effectively r.
the premises, and there should be M
reason to doubt their willingness e
judiciOnsly exercise such power"
The state legislation TO which Presl
dent Cleveland looked for relief from
the evils ef trusts has failed to nc
c0mplish fully that object. This Il
probably due 10 a Ereat extent 10 tn,
fact that different states take dltferen
VleWR an 10 the manor UNIV IN dIanrIr,