The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-06
TRUSTS.
States and Nation Must Work To-
gcthcr tO Suppress Them.

sNutCS uUu MoTN IO'
gcthcr tO suppress Them.
Combinations Of capital organized into
trusts TO control the conditions of trade
among our citizens, to stiie competition,
limit production and determine the prices
Of products used and consumed by the
people are justly provoking public dis
cussion and should early CAIN the at.
tention of the congress.
The industrial commission created by
the act OF congress of June is. 1898, has
been engaged i'll extended hearings upon
the disputed questions involved in the
subject of combinations in restraint OF
trade and competition. They have not
yet completed their investigation and
their conclusions and recommendations
are undetermined
The subject is one giving rise to many
divergent views as 10 the nature and
variety or cause and effect OF the in
juries to the public which may result
from large combinations concentrating
more or less numerous enterprises and es
Establishments which previously to the for.
mation of the combination We're carried
on separately. Ii is universally conceded
that combinations which engross or con-
troll the market OF any particular kind OF
merchandise or commodity necessary 10
the general community by expressing
natural aud ordinary competition, where
by prices are unduly enhanced to the gem
eral consumer. are obnoxious not only
10 the common law but also TO the pub
lie welfare. There must be a remedy for
the evils involved in such ORGANIZATIONS.
II The present law can be extended more
certainly TO control or check these mo-
uopoies or trusts 1t should he done with
out delay. Whatever power the congress
possesses over this most important sub
Ill., -. a
asserted.
President Harrison, in his annufl mes
SAGE of December g. 1881 says. Earnest
attention should he given by congress TO
consideration Of the question how fsr
the restraint of those combinations Of cap
ital commonly called trusts IL matter Of
Federal Jurisdiction When organized, as
they often are, 10 crush out ali healthy
competition and to monopolise the pro-
duction or sale Of any article of general
necessity they are dangerous Gonspracies
against the public good and should he
made the subjec, Of pTohihitory and even
penal legislation.
An act to protect trade and commerce
against unlawful restraints and monopoiies
was passed by congress on the Q ] of July.
1890 The provisions of this,statute aye
comprehensive and strong II declaT 3
every contract or combination in the form
OF a trust, or otherwise or conspiracy. in
the restraint of trade or commerce ameng
the several States or with foreign nations
to be unlawful 1t denominstes as Grim
nal every person who makes any 81 h
contract or engages in any such comb na
ton or conspiracy, and provides a pun
shment by fine or Imprisonment. 1t in
vests the several circuit courts OF the
United States with iurisdiction to prevent
and restrain violations nj the act and
makes 1t the duty OF the several United
States district attorneys. under the dige'-
ticn of the attorney general. TO institute
proceedings in equity to prevent and re
strain such violations II further coniers
upon any person who shall be injured in
his business or property by auy other
person or CO. operation by reason of any
thing forbidden or declared 10 be unlawful
by the act the power 10 sue therefor in
any circuit court of the United states
without respect to the amount in coptro-
versy, and recover threef ID tho damages
by him sustained and the costs OF tho suit
including reasonable attorney fees |, viii
be perceived that the act is aimed a!
every kind OF combination in the nature
of trust or monopoly in restrain, OF in
terstate or international commerce
Prosecution by the United States for
the violation Of the act Of 1899 has he IN
O1tbn TeSOfLc1 10 IN iHc Htitidl ~
such as the Joint Traffic association and
Transniissouri association which have
been successfully opposed and reprassed
President Cleveland In his message o.
lSS7-mrre than six years previous 10
the enactment Of this law says; Though
congress has attempted 10 deal with this
matter by legislation. the laws passed for
the purpose thus far have proyel nof-
fective. not because Of any lack OF disp3-
sltion or attempt to enforce them. hut
simply because the laws themselves as
interpreted by the courts do MT reach the
difficulty. II the insufhciencies OF legiI-
latiye laws can be remedlei by fur her
legislation It should be done. The fact
must be recognized, however. that all Red
eral legislation on this subject NAV fall
short OF its purpose because Of Inherent
obstacles, and also because OF the compley
character Of our governmental system,
which while making the Fe5eral author
ity supreme within its sphere. has care
fully limited that sphere by metes and
bounds which can no, be transgfessed.