Omaha daily bee., 1899-12-06

Aull NOuIl OF lne Onlieu states WITHOUT re-
spect to the amount in controversy and to
recover three-fold the damages by him sus-
taiued and the costs OF the suit. including
reasonable attorney fees, It will be per-
ceived that the act is aimed at every kind
Of combination in the nature Of a trust or
monopoly in restraint OF interstate or in
ternatonal commerce
Prosecutions Under Law.
The prosecution by the United States Of
offenses under the act of 1890 has been fire.
QuCntly resorted to in the federal courts
and notable efforts in the restraint Of inter-
state commerce, such as the Transmissourl
Freight association and the Joint Traffic
association, have been successfully opposed
and suppressed.
President Cleveland in his annual mes
sage Of December Z, 1s96-more than six
years after the enactment Of this law-after
stating the evils of these trust comblna-
tons, 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 dis
position or attempt to enforce them, but
simply because the laws themselves as in
terpreted by the courts do not reach the
difficulty. If the insufficiency of the exist
ing laws can be remeded by further legis-
lation 1t should be done. The fact must be
recognized, however that all federal legls-
lation on this subject may fall short of its
purpose because of inherent obstacles and
also because of the complex character of our
governmental system, which, while making
the federal authority supreme within It's
sphere. has carefully limited that sphere by
metes and bounds, which cannot be trans
gressed. The decision of our highest court
on this precise question renders 1t qilte
doubtful whether the evils OF trusts and mo-
nopolies can be adequately treated through
federal action, unless they seek directly and
purpcsely to include in their objects trans
portation or intercourse between states or
the United States and foreign countries.
1T does not follow, however that this is
the limit of the remedy that may be applied.
Even though it may be found that federal
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 judiciously ex-
ercise such power
State Legislation Falls short
The state legislation to which President
Cleveland looked for relief from the evils
Oh JTustS mas ldlleu 10 accomplish 1uliy tnat
object. This is probably due to a great en-
tent to the fact that different states take
different views as to the proper way to dis
criminate between evil and injurious COM
bnations and these associations which are
beneficial and necessary to the business
of the country. The great al
Versity of treatment in different states ais
ing from this cause and the intimate rela-
ions of all parts of the country t1 each
other, without regarding state lines in the
conduct of business, have made the en-
'orcement of state laws difficult.
1t is apparent that uniformity of 'egisla-
ion upon this subject in the several states |
s much to be desired. 1t is to be hoped that |
such uniformity, founded in a wise and Just !
between what is injurious
Ind what is useful and necessary in busi-
less operations, may be obtained and that |
means may be found for the congress within |
he limitations of its constitutional power |
10 to supplement an effective code of state |
egislation as to make a complete svstcm
# laws throughout the United States ade-
uate to compel a general observance Of the
alutary rules to which have referred.
The whole question is so important ard |
preaching that l am sure no part of it
viii be lightly considered, but every phase
f it will have the studied deliberation of
ction.