The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-12-06

called trusts Is matter OF 1eu-
eral jurisdiction. When organized as they
| often are, to crush out all healthy compe-
| tit1on, and to monopolize the production or
| sale of an article of commerce and general
| necessity, they are dangerous conspiraees
| against the public good and should be made
| the subject of prohibitory and even penal
| legislation"
| TO Protect Trade and Commerce
An act to protect trade and commerce
| against unlawful restraints and monopo-
lies was passed by congress on the I'd of
July, 1890 The provisions of this statute
| are comprehensive and stringent. 1t de-
| clares every contract or combination in the
form of trust or otherwise, conspira-
| cy in the restaint of trade commerce
| among the several states or with foreign
| nations, to be unlawful. 1t denominates
| as criminal every person who makes any
| such contract or engages in any such COM
bine or conspiracy and provides a punish
| ment by fine or Imprisonment. 1t invests
| the several circuit courts of the United
| states with jurisdiction to prevent and re-
strain violations of the act, and makes ii
| the duty of the several United States dis
| trict attorneys under the direction of the
| attorney general to institute proceedings
| in equity to prevent and restrain such vio-
| latons.
l. further confers upon any person who
| shall be injured in his business or property
| by any other person or corporation by rea-
| son of anything forbidden or to be unlawful
| by the power to sue therefor In any circuit
| court of the United States, without respect
| of the amount in controversy and to recov-
er threefod 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 combination in the nature
| of trust or monopoly in restraint of in
| terstate or interna tional commerce.
| Prosecution by the United States of Of
lenses under the act of 1890 has been fire.
| quently resorted to in the federal courts,
| and notable efforts in the restraint of inter-
| state commerce, such as the trans Missouri
| Freight association and the Joint Traffic
| association have been successfully opposed
| and suppressed.
President Cleveland, in his annual mes
| sage of December T. 1898, more than six
| years subsequent to the enactment of this
! law, after stating the evils of these trust
| combines, says:
Though congress has attempted to deal
| with this matter by legislation, the laws
| passed for the purpose thus far have
| proved Ineffective not because of any lack
| OF disposition or attempt enforce them
| but simply because the laws themselves, as
| Interpreted by the courts, do not reach the
| difficulty.
"If the insuffciencies of existing laws
| can be remedied by further legislation, 1t
should be done. The fact must be recog-
| nized, however, that all federal legislation
| on this subject may fall short of its pur-
| pose, because OF inherent ODSttCtesi
| also because of the complex character of
| our government system which, while max
| ing the federal authority supreme WITHIN
| its sphere, has carefully limited that sphere
| by metes and bounds which can not oe
| transgressed. The decision of our highest
| court on this precise question 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
Mt rtafi ay n
| tween states or between the United States
| and foreign coutries.
| $ot the Limit of Remedy
It>does not follow, however that this is
| the limit of the remedy that may be ap-
| piled. Even though 1t 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 be
| effective in the premises, and there should
| he no reason to doubt their Willingness to
| judiciously exercise such power
| The state legislation to which President
| Cleveland looked for relief from the evils
| of trusts has failed to accomplish fully
| that object. This Is probably due to a
| great extent to the fact that different
| states take different views as to the proper
| way to discriminate between evil and In
| furious combinations, and those associa-
| tions which are beneficial and necessary
| to the business prosperity of the country
| The great diversity of treatment in diff
| erent states arising from this cause, and
| the intimate relation of all parts OF the
| country to each other without regarding
state lines in the conduct OF business have
| made the enforcement of state laws diff
| 1cult.
| 1t is apparent that uniformity of legisla-
| tion upon this subject in the several states
| is much to be desired. 1t is to be hoped
| that such uniformity founded In wise and
| lust discrimination between what Is in
| furious, and what Is useful and necessary
| in business operations may ne obtained,
| and that means may be found for the con-
| gress within the limitations OF its const-
| tutfonal power so to supplement IN effective
| code of state legislation, so as to make
| complete system of laws throughout the
| United States adequate to compel gen
| eral observance of the sanitary rules 10
| which | have referred.
The whole question Is so important and
far-reaching that I am sure no part of it
| will be lightly considered. but every phase
| of 1t will have the studied deliberation of"
the congress, resulting in wise and judi
| cious enactment
| Relations with Foreign St~tca
A review of our relations with foreign
| states is presented with such recommenda-
| lions as are deemed appropriate
The long pending boundary dispute be-
| tween the Argentine Republic md Chill was
| settled in March last by the award of an
| arbitration commission, on which the
| served as umpire.
| Progress has been made toward the con-
| c1usion of convention of extradition with
| the Argentine Republic. Having been adj
| vised and consented to by the Omitted States
| senate and ratified by Argentine, 1t only
| awaits the adjustment of some slight
| changes in the text before exchange
In my last annual message. adverted to
/ the claim of the Austro-H Hungarian govern
/ ment for indemnity for the killing of GER
| tain Austrian and Hungarian subjects by
| the authorities of the state of Pennsylna-
| mia, at Lattimer, while suppressing an I'M
| lawful tumult of miners September 10, 1897.
| In view of the verdict of acquittal, render
| ed by the court before which the sheriff
/ and his deputies were tried for murder and
/ following the established doctrine that the
| government may not be held accountable
| for injuries suffered by individuals at the
| hands of the public authorities while act
| ing In the line of duty In suppressing dis
| turbanoe Of the public peace, this govern
/ ment after due consideration of the claim
/