Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1899-12-07

legislation WHICH shall give to the country
maritime strength commensurate with its
industrial achievements and with its rank
among the nations of the earth. The
other great nations have not hesitated to
adopt the required means to develop their
shipping as factor in national defense,
and as one of the surest and speedlest
means Of obtaining for their producers
share in foreign markets. Like vigilance
and effort on our part cannot fail to i'm
prove our situation. The expense is as
nothing compared to the advantage to be
achieved.
Calls Attention to Trusts.
Combinations sof capital organized into
trusts to control the conditions OF trade
among our citizens, to stifie competition,
limit production and determine the prices
of products used and consumed by the
people are Justly provoking public discus
sion, and should early claim the attention
of the Congress- The industrial commits
sion, created by the act of Congress or
June 1S, 1898, has been engaged IN ex-
tended hearings upon the disputed ques-
tons involved in the subject of combl-
nations in restraint of trade and compe-
tition. They have not yet completed their
investigation Of this subject and the con
illusions and recommendations at which
they may arrive are undetermined.
1t is universally conceded that combina-
tons which engross or control the market
OF any particular kind Of merchandise or
commodity necessary to the general COM
munity, by suppressing natural and ordl-
nary competition, whereby prices arc un-
duly enhanced to the general consumer,
are obnoxious not only to the common
law, but also to the public welfare. There
must be q remedy for the evils involved
in such organizations. Whatever power
the Congress possesses over this most
important subject should be promptly as
certained and asserted.
An act to protect trade and commerce
against unlawful restraints and monopo-
lies was passed by Congress the I'd of
July, 1890. The provisions Of this stat
ute are comprehensive and stringent. 1t
declares every contract or combination In
the form of a trust or otherwise, or con-
spracy in the restraint of trade or com
merce among the several States or with
foreign nations, to be unlawful. 1t de-
dominates as Il criminal every person who
makes any such contract or engages IN
any such combination or conspiracy, and
provides Il punishment by fine or imprls-
onment. 1t invests the several Circuit
Courts Of the United States with Jurlsd1c-
ton to prevent and restrain violations or
the act and makes it the duty Of the
several United States district attorneys,
under the direction of the Attorney Cen
eral to institute proceedings in equity TO
prevent and restrain such violations. 1t
further confers upon any person who
shall be injured in his business or prop
erty by any other person or corporation
by reason Of anything forbidden or de-
clared to be unlawful by the act the pow
err to sue therefor in any Circuit Court OF
the United States, without respect to the
amount in controversy, and to recover
three-fold the damages by him sustained
and the costs of the suit, including rea-
sonable attorney fees. 1t will be perceiv-
cd that the act is aimed at every kind of
combination in the nature of trust or
MONOPOLY in restraint of interstate or IN
ternational commerce.
The prosecution by the United States
of offenses under the act OF 1870 mas been
frequently resorted to in the federal
courts, and notable efforts in the restraint
of interstate commerce, such as the
Transmissouri Freight Association and
the Joint Traffic Association, have been
successfully opposed and suppressed.
State legislation for relief from the
evils of trusts has failed to accomplish
fully that object. This is probably due
to q great extent to the fact that the diff
ferent States take different views rs to
the proper way to discriminate between
evil and injurious combinations and those
associations which are beneficial and nee
essary to the business prosperity Of the
country 1t is apparent that uniformity
of legislation upon this subject in the sew
eral States is much to be desired. 1t is to
be hoped that such uniformity may be OBJ
tanned and that means may be found for
the Congress within the limitations Of
its constitutional power so to supplement
an effective code of State legislation as
to make a complete system of laws
throughout the United States adequate to
compel general observance of the salu-
tary rules to which l have referred.
Review of Foreign Relations.
A review Of our relations with foreign
states is presented with such recommends
atoms as are deemed appropriate. In
my last annual message l adverted to
the claim of the AustroHungarian Gov
eminent for indemnity for the killing of
certain Austrian and Hungarian subjects
by the authorities OF the State of Penn
sylvania, at Lattimer, while suppressing
an unlawful tumult of miners, Sept. ~,
1897. In view Of the verdict of acqnit-
tai rendered 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 acting in the line of
duty in suppressing disturbances of the
public peace. this Government was con-
strained to decline liability to indemnify
the sufferers.
The Belgian Government has mitigated
the restrictions ON the importation Of cat
tie from the United States, to which re-
ferred in my last annual message.
A convention of cxtradition with Brazil,
signed May Ia. 1897, has been ratified by
the Brazilian Legislature.
The claim growing out of the seizure OF
the American-owned newspaper, the Pan
anna Star and Herald, by the authorities
of Colombia has been settled after u con
troversy of several years.
The good will of Colombia toward our
country has been testified anew by the
cordial extension of facilities to the Me
araguan canal commission in their APP
preaching investigation of the Panama
canal and other projected routes across
the Isthmus of Darien.
Nicaragua Ship Canal.
The contract OF the Maritime Canal
Company of Nicaragua was declared for
feited by the Nicaraguan Government the
10th of October, ON the ground of non
fultilment within the ten years term stip-
ulated in the contract. The Maritime
4. - H.