Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-19
TRUSTS AND FEDERAL POWERS

The able and courteous Harrisonburg
Spirit of the Valley, noticing some of
our quotations from The n. Y. Tribune
on the various powers of the Federal
government to regulate trusts. and our
comments thereon, calls us to account
on several issues: as that the U. S. can
not employ the taxing power to re-
strain trusts. because oil Federal taxa
ton must be uniform. and must thus
involve good and bad alike in laying
revenue; that the u. S. has no police
and sanitary powers, and that this is
fully decided by the U. S. Supreme
Court in the Slaughter House cases.
The Virgnian- Pilot wholly exoner-
ates the N. Y. Tribune from anything
the Spirit quotes from us as to the
sanitary and police powers Of the Fede-
raj government; it being our own con-
cluson from what the Tribune said as
To- the powers of Federal taxation.
While the Spirit is technically right, it
is nevertheless a practical truth that
Congress does exercise sanitary and
police powers, and may exercise n great
deal more If it chooses; as, if Congress
should be convinced that Prohibition
is n good and wise thing, 1t doubtless
could and would place prohibitive taxes
and restrictions on the manufa ctureand
sale of Intoxicating liquors; and the
same may be said Of cigarettes and
various other things. including medi-
cincs. drugs and what are called pro-
prietary articles and preparations: per-
f,,,,
fectants and the like; chewing gum,
wines, &C.: besides, with these and all
other articles subject to Federal taxa
ton, goes inspection and regulation, ex-
tending not only to the subjects of
revenue. but the manufacture and fac
tories and books of accounts.
Inspection carries public exposure.
and exposure is often the best safe
guard against sanitary, swinding and
all other abuses and evils. While uni
formity in revenue is q constitutional
provision. it was never Intended to pre-
vent graduation in rates. nor distinc-
tions in subjects, and in settling these.
Congress has ample powers to- distin-
guish between injurious and evil trusts
and good, or allowable and useful ones.
The enormous capital of trusts is one
of their principal dangers, and while
the II. S. may not limit the canitaI OF
a trust or corporation, il may make the
rate or license above a certain amount
practically prohibitory.
All sanitary and police powers that
the U. S. chooses to use in connection
with imports. exports. and interstate
commerce. transportation, &C, 1t may
use and does so largely. 1t assumes
jurisdiction OF cattle and their diseases
to Il large extent, and it exercises quar-
antinc and other powers in connection
with contagious diseases of dangerous
types. in humans as we'll as in beasts.
In fact. there are few, IL any sanitary
and police matters of any consequence
in which the u. S. may not directly or
indirectly take concurrent jurisdictio
with cities and States. with no objec-
ton from any quarter.
The Virginian- Pilot supposes that its
Harrisonburg contemporary will now
agree with the n. Y. Tribune. that the
u. S. has ample powers under it's au-
thority to raise revenue and incident
ally to license, inspect and require re-
ports of business. TO restrict and even
prohibit trusts of certain kinds. or hav-
ing excessive capital: while II must also
agree with the Nirginian-P Pilot that not
withstanding the Slaughter House
cases. the u. S. has. practically. n vast
deal to do with sanitary and police sub
jccts, directly and indirectly. and may
do more whenever it chooses. with no
contest against it from individuals or
States or courts, provided that ordinary
courtesy and prudence he observed.
Where great good and no danger is
the direct result of Federal jurisdiction
in matters where the powers and means
Of L State may not suffice. the Virgin
ian Pilot sees no rational reason for
opposing 1t. but gather for accepting
it under "the general welfare" clause,
unless it involve principle or policy
that may lead to mischief
OUR NEXT PRESIDENT.