The times., 1899-12-06

shment by fine or Imprisonment. 1t in
vests 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 several United
States district attorneys, under the direc-
tiOn of the Attorney General, TO institute
proceedings in equity TO prevent and re
strain such violations. 1t TurtheT cOnfeTs
upon any person who shall be injured in
his business or property by any other
person or corporation by reason of any
thing forbidden or declared to be unlaw-
fuI by the act the power to sue therefor
in any circuit court Of the United States
without respect to the amount in contro-
yersy, and to recover three-fold the dam
ages 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 na-
tuTe of a trust or monopoly in restraint
Of interstate of international commerce.
The prosecution by the United States Of
offences under the act of 1890 has been
frequently resorted to in the Federal
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 suppressed.
President Cleveland in his annual mes
sage of December Z, 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
matter by legislation, the laws passed for that
purpose thus far have proved ineffective, not be-
cause OF any lack Of disposition or attempt 10
enforce them, but simply because the laws them
selves as interpreted by the courts do not Teach
the difficulty. II the insufhcioncieS OF existing
laws be remedied by further legislation, It
should be done. The fact must be recognized,
however, that 3ll Federal legislation on this sub
icet may fall short Of its purpose because of IN
hergnt Obstacles and also because OF the complex
character OF our governmental system, winch,
while making the Federal authority supreme with
in its sphere. has carefully limited that sphere
by mete5 and bounds which cannot be transgreSS-
ed The decision OF our highest court on this
precise question renders IT quite doubtful whether
the evils Of trusts and monOpoies can be ade-
quatcly treated through Federal action, unless
they seek directly and purposely to include IN
their objects transportation or intercourse be
tween States or between the United states and
foreign CounTies.
Ii does not follow however. that this is the
limit OF the remedy that may be applied. Even
though 1t may be found that Federal authority IS
not broad enough to fully reach The case. there
can be 10 doubt of the power OF the sevcra!
States 10 act effectively in the premises, and there
should be no reason to doubt their Willingness to
Judiciously exercise such power
Legislative Failures.
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 differ
ent States arising from this cause and the
intimate relations of all parts Of the coun-
try to each other without regarding State
lines in the conduct Of business have made
the enforcement OF State laws difficult.
1t is apparent that uniformity of legis-
latiOn upon this subject in the several
States is much TO be desired. 1t is TO be
hoped that such uniformity founded in a
wise and just discrimination between what
is injurious and what is useful and nee
essary in business operations may be OBJ
tanned and that means may be found for
the Congress within the limitations of its
effective code of, State legislation as to
make a complete system of laws through
out the United States adequate to compel
a general observance Of the salutary rules
TO which l have referred.
The whole question is so important and
far-Teaching that ! am sure no part of it
will be lightly considered, but every phase
Of il viii have the studied deiberaJion of
the Congress, resulting in wise and judi
cious action.