New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-29
"TRrSTSo AND TIE rONSTITrTION


Attorney General Griggs declines 10 have his
statements regarding the constitutonalify OF
antitrust legislation misunderstood by Governor
PlnCrce In answer To n request for a copy OF
his "opinion that under the CONSTITUTION Of the
limited States Congress cannot enact law
(which will he effective in Suppressing trusts
SO called. b" says TO the Governor: Il nave
never rendered. either officially or unotiicaly,
ANY opinion Of this kind. ON the contrary thiS
"Dcparfmont has been engaged In bringing
numerous suits in the United States courts
under the sherman act of July .. 1890 He
notes that IN several suits offending agreements
o. associations have been suppressed 10y decree
of the Court naming the Trans Missouri frelgh'
Association and the Joint Trathc ASsoclalloh
But ne holds that the only jurisdiction congress
has over combinations or contracts in restraint
of trade is in relation 10 those which Directly
affect Interstate commerce. He cites Nv" ne
,sionS Of the supreme Court to that effect ana
then adds: congress can regulate directly that
(which we understand by Interstate commerce.
"hut IT has no power 10 regulate or control nnSl-
ness or commerce carried on wholly within the
Limits of a state.
The word business" as here employed may
perhaps lead 10 further misrepresentation OF Mt.
GriggS'S opinion. II might be understood as III
Guiding manufactures. but the power Of CON
gross 10 regulate and control certain forms ol
manufacture has long been exercised without
dispute The same control over retail trade mas
long been exercised as to tobacco shops, ana ~
10 both retail trade and manufactures IN oieo-
MARGARINE and filled cheese That Snch coh'roi
is incident to the power of taxation. or in other
cases fo the power Of protecting the puph'
health and welfare. does not alter the fact thh'
| somc kinds of business are in fact regulated ana
controlled though carried on wholly within Il
state Thus Il Is evident that Mr. GriggS meant
his statement 10 apply only 10 such regulations
| Of commerce rs might be based upon inc ln''r-
! state cause In these days every statement
about TN, power 10 rcgulat" trusts. So called. j.
suro 70 be seized upon and distorted for one "hd
ar ,nothnr II NAV bc worth while 10 note that
I'M. Attorney General assurcdly had no idea OF
| declaring unconstitutional the taxation OF
clear shop or a retail beer saloon. on oleomar-
oarinc Or filed cheese factory under The Internal
revenue law or n broker or cotton factor under
tho war revenue act These are foYms of buS-
moss often carried on wholly within state. but
tb.v are regulated and controlled and taxed
I, will be found extremely difficult for any
| hodv 10 maintain an objection on CONSTITUTIONAL
,roundS ~ rho taxation of corpora tons Tor trad-
| ING or manufacturing purposes. Whether IL
| ,,.o,,ld no wise thing TO do IS different queS-
,ion Tint the So-callcd trusts can he regulated
aud controlled If they can be taxed IS obvious.
II * equally certain that such OF then aS
covernment may deem il necessary to suppress
,,n III. SUPPRESSED through the taxing power.
rho question as 70 the constitutional power OF
tho Gov.rntncnt 20 deal with such corporations
therefore doe, not depend upon the construction
If fh. interstate commerce clause. to which the
renorl,s Of the Attorney General are confined
nf ,.ours,. there would be great dirlculty III so
liustfny taxation that II should operate 10 re-
strict ar SUPPRESS only the industrial corpora
.i,,. yrhich Congress might deem lnncai 10
nulllc welfare But If the power exists II can
mn Lancer he. pretended that without cohNiltu-
,t,n.,l amendment the whole matter must De lei
10 the States.
Ana, ,,h.r Inference SrrInS OF Importance
,,,.ruu,rt secures publicity Of the business OF
all TRANSPORTING lines doing an Interstate D"N'
mos. 50 the first step toward taxation or III
d,.,ri,l CORPORATIONS within certain limits would
H., tb. requirement that sufficient returns Oh
,,.ir husiurss should be made Ia show whether
th,.v should be- taxed al all or 70 whai extent
Tim. pnblicity. which many have pronounced
,h. ,,,e sufficient remedy FOR The evil or IN
,ron4r combinations. might be attained IN The
,v.rri>,. Of taxing power which none could
dispute