The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-06
should early claim the attention of the
congress.
URGES A LAW FOR
THE REMEDY OF
THE TRUST EVIL.
Combinations That Are OBJ
nOXiOuS to Common Law
and Public Welfare.

|
on the disputed questions involved in
the subject of combination in restraint
Of trade and competition. They have
not yet completed their investigation of
this subject and the conclusions 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 in
juries to the public which may arise
from large combinations concentrating
more or less numerous enterprises, and
establishments which previously to the
formation of the combination were car
ried on separately.
Remedy for Ends of Trusts.
1t is universally conceded that com
binationS which engross or controluthe
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
|
ever power the congress possesses over
this important subject should be
promptly ascertained and asserted.
President Harrison in his annual mes
sage of December 3. 1889, says: Earn
est attention should be given by con-
greSs to 4 consideration of the question
how far the restraint of those combina-
lions of capital commonly called
trusts is mater of federal jurisdic
ton. When organized as they often
are, to crush out all healthy competi-
/ ton, and to monopoliZe the production
or sale of an article of commerce and
general necessity, they are dangerous
and they should be made the subject
of prohibitory and even penal legisla-
ton
To Protect Trade and Commerce.
IAN act to protect trade and COM
MERGE against unlawful restraints and
monopolies was passed by congress on
the End of July, 1890. The provis
ions of this statute are comprehensive
and stringent. 1t declares every con-
tract or combination in the form of a
trust or otherwise, or conspiracy IN the
restraint of trade or commerce be-
! tween the several states or foreign
nations to be unlawful. 1t denomi
mates as a criminal every person who
makes any such contract or engages In
any such combination or conspiracy
and provides 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 1t the duty of the
several United States district attor-
neys under the direction of the attor-
ney general to institute proceedings in
equity to prevent and restrain such
violations
1t further confers upon 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 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 COM
bination in the nature of a trust or
monopoly in restraint of interstate or
interra tional commerce.
Prosecution of Offenses.
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 assoc
ldlitu anu lic OOllil dSSOCict'
have been successfully opposed and
suppressed.
President Cleveland. in his annual
message of December 4. 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
deal with this mater, by legislation, the
laws passed for the 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 the existing laws
can be remedied by further legislation
it should be done
Obstacles in the Way.
1.-THE fact must be recognized. however
that all federal legislation on this sub
ject may fall short of its purpose be-
cause of inherent obstacles and also
because of the complex character of our
governmental system which, while max
ing the federal authority supreme with
in 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 pu-
posely to include in their objects trans
portation or intercourse between states
or between the United States and for
eign countries.
1T does not follow. however. that
this is the limit & the remedy that may
be applied. Even though it may be
found that federal authority 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 exercise such power"
Failure of Legislation.
The state legislation to which Pres
ident Cleveland looked for relief from
the evils of trusts has failed to accom-
plish fully that object. This is prob !
ably due to a great extent to the fact !
that different states take different
views as to the proper way 10 discrimi- |
nate between evil and injurious COM !
binations and those associations which |
are beneficial and necessary to the bust |
ness prosperity of the country. The |
great diversity of treatment in different |
states arising from this cause and the |
intimate relations of all parts of the |
country to each other without regard /
ing state lines in the conduct of bust |
ness have made the enforcement of |
state laws difficult,
1t is apparent that uniformity of leg
islation upon this subject in the sever
al states is much to be desired. 1t is |
to be hoped that such uniformity |
founded in a wise and just discrimina-
ton between WHAT is injurious and |
what is useful and r.ecessary in busf- |