The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1899-05-02

years sentence. In the antitrust stat
ute one year is the limit Of impriaoD
ment, enc year being considered equiv
alent to five thousand dollars. In our
state courts it is not an uncommon
thing for a man to receive five or ten
years punishment for stealing a horse
or a few hundred dollars. Certainly "a
conspiracy against the entire popul-.
ton of the United Safes, which may
involve the ~extortion of millions f, en-
the people, ought to bring down upon
the conspirator a heavier punishment
than that which is melted out to email
er offenders.
The Supreme Court, in the Sugar |
Trust case above referred to, distin
guished between an attempt to monop-
oliz9 the manufacture" of a thing
and an attempt to monopoliz9 "com
MERGE in the thing manufactured"
While the decision was rendered by
an almost unanimous court, it may be
modif9d when the case Of the United
States vs. Addyston Pipe and Steel
Company, now pending, is reached. In
that CAGE the Court of Appeals, in the
sixth circuit, granted a perpetual in
junction against the defendant corpo
! ration, which was found guilty Of
maintaining a combination, for the
control OF the sale Of cast iron pipes.
Justice Peckham, who delivered the
opinion dissolving the Traffic Associs
/ ton, end Justice McKonna, have suc
ceeded JUstice Jackson (Who did not
| cit in the Sugar Trust CASE and JUS
tice Field, and the decision in the case
above mentioned may indicate a
| growth IN the antitrust sentiment.
In his dissenting opinion, filed in the
| Sugar Trust case, Justice Harlan took
it for granted that the court would de
ny the validity of a statute which in
specific terms prohibited a monopoly
in manufacture.
1t is true that the court elaborated
upon the dangers which would attend
federal legislation directed against q
monopoly in manufacture, but as that
question was not directly before the
court the issue ia still unsettled.
If the statute Of 1890 is not broad
enaugh to cover the case of the sugar
trust (where the parties before the
court controlled SO per cent of the gu
gar product) it ought to be so amended
as to bring that question clearly before
the court.
But in view of the sugar trust decis
ion, the surest ard most effective
means of annihllating the trusts is to
be found IN an amendment to tie Con
stitution specifically comforting upon
Congress plenary power to legielaIe
for the suppression Of any monopoly
whose operations extend beyond the
confines Of a state.
The effects of monOpolies are 40 per
nicious and wide spread that cults
brought 10 epj0in or punish those en-
gagged IN them should nave toe right
Of way IL the courts, so as TO ileure h
speedy az publication.
The admission free of duty Of those
articles whose domestic manufacture Is
controlled by trusts would be a partial
remedy, but only partial; it would pro
tect tee consumer against extorCion,
but would not interfere with the con
troll Of The market, and where an ar.
ticle can be manufactured here for leea
than it can abroad the trust would
still have a margin equal to the diff +
ence IN the cost, plus the freight.
The eff )rts to secure a federal re me
dy should not prevent or delay the 8p
plicRtion OF such remedies as are with
in the reach of the states. Il might be
we'll to compel every corporation, az
the time OF it's organization, to fur
nish evidence to the authorities thai
the capital named In the articles OF IN
corporation is necessary for the prop
or conduct Of the business, and that it
has been actually subscribed.
The state could also prohibit incur
ring of Indebtedness except upon show
ing made t. state authorities that the
money is to be actually used in the
business. 1t is entirely possible to
remedy the watering of stock and 9th
er abuses growing out of the misuse of
corporate power, and those who desire
to use the corporation for legitimate
purposes ought to join in freeing it
from accuEnulating odium.
If it becomes necessary a limitation
can be placed upon the capital stock of
the corporation to prevent the aggre
CATION Of capital to an amount sum
cient to be dangerous to the public.
The states can do much. hnt no at.