Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-06
THE}FEDERAL% OVER 10 DEAL
WITH TRUSTS. M .S s$


y3s.s The N. r. Tribune ina recent etli-3
itorial treats trusts as well amenab to
the Federal Constitution. and its ideas,
though briefly EXPRESSED, strike us as
very just and logical. Citing Attorney
General Grlggs reply to Governor
Pingree. the Tribune says:
"Fe notes that in several subs Of
Tending agreements Of associations
have been suppressed by decree Of the
Court, naming the Trans Missouri
Freight Association and the Joint Traf-
flc Association. But he holds that the
only Jurisdiction Congress has over
combinations or contracts in restraint
of trade is in relaaion to those which
directly affect interstate. commerce. He
cites two decisions Of the Supreme
Court to that effect, and then adds:
Congress can regulate directly that
which we understand by interstate
commerce, but 1t has no power to regu-
late or control business or commerce
carried one wholly within the limits Of
q State.'
The Tribune well says that Mr.
Griggs' use of the term Cuisines" may
be misleading, as 1t is well settled that
the U. S. does regulate and control
some manufactures and other busindSs
under its revenue powers. as for in
stance, tobacco. oleomargarine. filled
cheese, &C.. and this power of regula-
ton is exercised though the business
or manufacture be wholly in one State.
Why may not this power be extended
to any taxable product? Besides, there
is the general police and sanitary pow
ers that attach to all governments and
under which almost everything may be
comprised.
any constitutional grounds upon which
to maintain objection to the Federal
taxation of trading and manufacturing
corporations The right to the publ
city of all business, in every form, is
part of the power of taxation; for now
else can the Federal government know
Its rights and how to exercise them for
revenue purposes?
In further concurrence with the views
of the Virginian-Pilot that the Fed
eral Constitutional authority to deal
with trusts is ample, the Tribune well
says, speaking of the Federal taxation
Of corporat tons, or trusts:
Whether it would be wise thing to
do is a different question. That the
so-called trusts can be regulated and
controlled if they can be taxed is OBJ
vious 1t is equally certain that such
OF them as Government may deem it
necessary to suppress can be suppress
cd through the taxing power. The
question as to the constitutional power
of the Government to deal with such
corporations, therefore, does not depend
upon tie construction Of the inter-
n - M -11,
remarks of the Attorney General are
confined. or course there would be
great difficulty in so adjusting taxation
that 1t should operate to restrict or
suppress only the industrial corpora
tons which Congress might deem in
im'cal to public welfare. But If the
power exists 1t can no longer be pre-
tended that without constitutional
amendment the whole matter must be
left to the States"
The opinions of the Tribune are the
more noteworthy because it is Re
publican journal, and yet a conserva-
tive authority on all business matters.
We are glad to see so able n mem
her of the Republican press (supposed
to be for trusts take the same grounds
that we have taken: and we are quite
sure that with William J. Bryan in
the Presidential chair, with an accord
ant Attorney General, a way would
soon be found to control constitutional
ly and under the regular procedure OF
law all trusts and combines whatso-
ever.
1t is q monstrous notion that any
man or set of men can injurc or mon
ace the general welfare in any manner
without being amenable to compe-
tent jurisdictions; and monopolies have
been always illegal among English
speaking people.
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