The San Francisco call., 1899-09-01
BRYAN ON TRUSTS.

- in California. To free silver and 10 10 he
sticketh closer than brother. He also slightly DISH
waters the antmperal issue, but leaves II no Dette
than he found it, as put by Hoar, kd1nunds' bou'-
we'll ex-Presdent Harrison and other KePuDhcan
leaders After silver his strong suit IS VIVID horror
OF the trusts That issue is to his liking and ne can
paint trust in colors more diabolc than any other
artist who is now ascending the step-ladder toward
office with brush and pot in hand, daublng and yell
ing he rises.
The whole country is apprehensive about the trusts
Their sudden rise the appalling volume OF their cap
alization the number of occupations they have OBJ
soe,ed. present exactly the series OF problems which
arose with the introduction OF labor-aiding machln-
erv Mechanical devices took manual labor from the
f,l1nan hand and lett it. for the time empty OF bread
There is no substantial disagreement about trusts
Their economic effect their OF the power OF con-
centration, their legal Immortality by endowment
with perpetual succession dsquiet the people and in
duce orebodngs as to the future which furnish the
politicians opportunity. Colonel Bryan comprehendS
ali this and occupies himself calling public attention
to the abhorrent features OF the evil but deXtrousy
avoids committing himself TO remedy, beyond his
own election the Presidency, which he regards as
a political panacea of the highest merit. Occasion
ally, however he has dropped diagnosis for prescrP-
ton and has hnted at cure, but has not abded by
~ AA
Des Moines last month debating the nomination for
Governor he snubbed the and put silver forward
on all four feet There he said: "The trust question
is a great question, but cannot make peace with
the money trust in order to attack oothplck trust
In another of his three speeches in Des Molnes he
said: "It has been claimed that the States should
extnguish the trusts They won't do as long as the
States are bidding for the dishonor OF being the
spawning ground OF the trusts. The Federal Govern
ment alone can extngush the trusts, because it alone
can lay its hands upon the States and compel them
to enforce the law.
This is a novel view OF the relation OF the Federal
Government to the States States enforce their own
laws, and the Federal machinery is provided for en-
forcement of acts OF Congress Does Colonel Bryan
mean that when the States pass antitrust statutes
the Federal Government can lay hanls on the State
machinery and compel their enforcement? If So the
Federal control OF trusts limited to the States which
choose to pass such laws, unless, indeed the power
to lay Federal hands the States implies also the
power to compel the States to pass such laws arc
needed for that exercise OF Federal jurisdiction. Or
did he mean that Federal antitrust laws are to be
enforced under Federal copulsion by the States in
the absence OF State statutes on that subject?
II he mean that Congress can compel the enforce
ent by State machinery OF Federal antitrust laws he
probably has in mind the fugitive slave law OF 1898
and 1880 held to be constitutional by the Supreme
Court in the Dred Scott decision. But that law
rested upon an express grant OF power covering that
subject in the Federal constitution Article ", sec
ton 3, OF the constitution says: mo person held to
service or labor in one State under the laws thereof
escaping into another shall in consequence OF any
law or regulation therein be discharged from such
service or labor but shall be delivered UP claim OF
the party to whom such service labor may be due
In Prigg vs. Pennsylvania was early decided that
the constitution confers on Congress an exclusive /
power to legslate concerning fugitive slaves The
law passed under that exclusive grant of power COM
PEELED cognzance by local judicial officers and en-
powered Federal Marshals to call out the posse
comitatus in its enforcement.
Therefore to make his theory stick Colonel Bryan
mus, find in the constitution an exclusive power to
legslate against trusts Where is it? If in the .
authority to regulate commerce between the States
where is the line to be drawn between corporations?
What maximum Of capitalization shall determine it?
1t will be seen at that this suggestion OF a
remedy adumbrates the question with more difficult
ties than exist at present. In his speech in the
Auditorium in Chicago Colonel Bryan said Dem
ocratc President could appoint an Attorney General
who would recommend the necessary amendments to
the Federal constitution to enable legislation against
the trusts. This is admission that there is con-
stitutonal lack and if So what becomes of his attack
on the Republicans for not exerting a power which
he confesses has no constitutional existence?
In one Of his al fresco speeches in Nevada this week
he made another proposition the effect that trusts
should be compelled to pay for Federal license to
do business. A license is form OF taxation The /
constitution describes accurately the forms under
which Congress may levy taxes Perhaps Mr. Bryan
can explain which OF these he will assign his trust
license tax.