The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-12-06

Jurisdiction. When organized, as they
| often are, to crush out all healthy COM
| petition and to monopolize the produc-
| ton or sale Of an article of commerce
and general necessity, they are danger
| Gus conspiracies against the puDlic
| good and should be made the subject
of the prohibitory and even penal legis-
| lation."
An act to protect trade and commerce
against unlawful restraint and mon
opolies was passed by congress on the
| second of July, 1890. The provisions of
this statute are comprehensive and
stringent 1t declares every contract
or combination, in the form of a trust
or otherwise, or conspiracy In the re-
straint of trade or commerce among
the several states or with foreign no =
tions, to be unlawful 1t denomirates
as criminal every person who makes
any such contract or engages IN any
such combination or conspiracy, and
provides a punishment by fine or i'm
prisonment. 1t invests the several cir
cult 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 dis
trict attorneys, under the direction of
the attorney general, to institute pro-
ceedings in equity to prevent and re-
strain such violations. 1t further con-
fers upon any person who shall be in
iured in his business or property by
any other person or corporation by rea-
son of anything forbidden or declared
TO be unlawful by the act, the power
70 sue therefor in any circuit court in
the United States, without respect to
the amount in controversy, and to re-
cover threefold the damages by him
sustained and the costs of the suit, in
cluding reasonable attorney fees. 1t
Will be perceived that the act is aimed
at every kind of combination in the
nature of trust or monopoly in re-
stralnt or Interstate or international
commerce.
The prosecution by the United States
OF offensos under the Act of 1890 has
been frequently rosorted to in the fed
eral courts, and notable efforts in the
restraint of interstate commerce such
as the trans Missouri freight associa-
ton and the Joint traffic association,
nave been successfully opposed and
suppressed.
President Cleveland in his annual
message of December I, 1885, more than
SIX years subsequent to the passage of
this law,after stating the evils of these
trust combinations, said:
IhouSh congress has been compelled
to deal with this matter by legislation,
the laws passed for that purpose thus
rar have proved ineffective, not because
of any lack of disposition or attempt
to enforce them, but simply because
the laws themselves as interpreted by
the courts do not reach the difficulty.
lf the insufiCiencies of existing laws
can be remedied by further legislation,
1t should be done.
The fact must be recognized, how
ever that all federal legislation on this
10 E.II IL. 90
because of inherent obstacles and also
because of the complex character of
our governmental system which. while
making the federal authority supreme
within its sphere, has carefully limited
that sphere by metes and bounds which
cannot be transgressed. The decision
or our highest court on this precise
question renders it quite doubtful
whether the evils Of trusts and monop-
olies can be adequately treated through
federal action, unless they seek direct
~ and purposely to include in their
objects transportation or intercourse
between states or between the United
states and foreign countries.
1t does not follow. however. that this
is the limit Of the remedy that may be
applied Even though it may be found
that federal authority Is not broad
enough to fully reach the case, there
can be no doubt of the power OF the
several states to act effectively in the
premises. and there should be no rea-
son to doubt their Willingness to judic-
iously exercise such power"
The state legislation to which Presi-
dent Cleveland looked for relief from
the evils Of trusts has failed to accom-
plish fully that object. This is prob
ably due to a great extent to the fact
that different states take different
views as to the proper way to discrim-
mate between evil and injurious com
binations and those associations which
are benefCent 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 country to each other without re-
garding state lines in the conduct of
business, have made the enforcement
Of state laws difficult.
Ii is apparent that uniformity of'leg-
islation upon this subject in the sew
eral states is much to he desired. 1t
is to be hoped that such uniformity,
founded in wise and just discrimina-
tion between what is injurious and
what is useful and necessary in busi-
ness operations, may be obtained and
that means may be found for the con-
gress, within the limitations of its con-
stitutional 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 a general observance of the
rules to which l have referred.
The whole question is so important and
that l am sure no part of
it will be lightly considered, but every
phase of it will have the studied de-
liberation of the congress, resulting III
wise and judicious action.