Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-12-06
TRUSTS.

.-.7 A1NO0l0s
Combinations of capital organized in
to trusts to control the conditions of
trade among our citizens, to stifle 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-
gress.
Inc industrial commission, created
by the act Of the Congress of June IS.
1873. mas been engaged in extended hear
ihgs upon the disputed questions in
vowed In the subject of combinations
IN restraint of trade and competition.
Iney nave not yet completed their in
vestlgation of this subject and the con-
cluslons and recommendations at which
they may arrive are undetermined
The subject is one giving rise to
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
more or less numerous enterprises and
establishments, which previously to the
formation of the combination We're car
ried on separately
- 10 NihNCi sally CDUctueu lIldt COIn-
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. If the present law can
be extended more certainly to control
or check these mOnopolies or trusts, it
should be done without delay. What
ever power the Congress possesses over
this most important subject should be
promptly ascertained and asserted.
President Harrison in his annual
message of Dec. 8. 1889. says:
Earnest attention should be given
by Congress to consideration of the
question how far the restraint of those
combinations of capital commonly
called Trusts is matter of federal juris-
diction. When organized. as they Oft
en- are, to crush out all healthy conf
petition and to monopolize the produc-
ton or sale of an article of commerce
and general necessity they are danger
Gus conspiracies against the public
good and should be made the subject
of prohibitory and even penal legisla-
ton"
An act to protect trade and commerce
against unlawful restraints and monop-
olies was passed by Congress on the
I'd of July, 1899. 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-
strait of trade or commerce among the
several states or with foreign nations,
to be unlawful. 1t denominates as a
every person who makes any
such contract or engages in any such
or conspiracy and provides
a punishment by fine or Imprisonment.
1t 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 |
to prevent and restrain such violations. |
1t further confers upon any person who |
shall be injured in his business or
by any other person or cOrpO- |
ration by reason of anything forbidden |
or declared to be unlawful by the act |
the power to sue therefor in any cir |
cult court of the United States with |
out respect to the amount in cOntro- |
versy 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 COM |
in the nature of a trust or |
in restraint of interstate or |
commerce.
The prosecution by the United States |
of offenses under the act of 1890 has |
been frequently resorted to in the Fed |
eral courts. and notable efforts in the |
restraint of interstate commerce such as |
the Trans Missouri Freight Association |
and the Joint Traffic Association have |
been successfully opposed and sup
pressed
President Cleveland in his annual |
of Dec. I, 1S96-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
utdl WIFI lHlS Hldltct ny ICE iSlatioIi, thC
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 insufficiencies of existing laws can |
be remedied by further legislation it |
should be done. The fact must be recog |
niZed. however. that all Federal leg |
islation on this subject may fall short |
of it's purpose because of inherent OBJ |
stacles and also because of the COM |
plex character of our governmental
system, which. while making the Fed |
eral authority supreme within its
sphere, has carefully limited that
sphere by metes and bounds which can
not be transgressed. The decision of
our highest court on this precise ques-
ton renders it 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 between
states or between the United States
and foreign countries.
at does not follow. however. that this
H. 1s.l