Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-12-06

they may arrive are Undetermined.
The subject is one giving rise TO
many divergent views as to the nature
and variety or cause and extent OF the
injuries to the public which may result
from large combinations concentrating
more or less numerous enterprises and
establishments, which previously to
the formation Of the combination were
carried on separately.
1t is universally conceded that COM
binations which engross or control the
market of any particular kind Of mer-
chandise or commodity necessary to
the general community, by suppress
sing natural and ordinary competi-
ton, whereby prices
ARE UNDULY ENHANCED
to the general consumer, are obnoxious
not only to the common law, but also
to the public welfare. There must be
remedy for the evils involved in such
organizations. If the present law can
be extended more certainly to control
or check these monopolies or trusts,
it should be done without delay. What
ever power the Congress possesses over
this most important subject should be
promptly ascertained and asserted.
President Harrison, in his annual
message of December 8, 1899, says:
Earnest attention should be given
by Congress to a consideration OF the
question how far the restraint of those
combinations of capital commonly
called trusts is matter of federal
jurisdiction. When organized, as they
often are, to crush out all healthy
] RI
production or sale of an article of COM
merce and general necessity they are
dangerous conspiracies against the
public good, and should be made the
subject of prohibitory and even penal
Legislation"
An act to protect trade and COM
merce against unlawful restraints and
monopolies was passed by Congress
on the End of July, 1890. The provis-
ions of this statute are comprehensive
and stringent. 1t declares every con-
tract or combination, in the form of a
trust or otherwise, or conspiracy in
the restraint Of trade or commerce
among the several States or with for
eign nations,
TO BE UNLAWFUL.
son who makes any such contract or
engages in any such combination or
conspiracy, and provides a punishment
by fine or imprisonment 1t invests
the several~circuit courts OF the United
States with jurisdiction to prevent and
restrain violation of the act, and makes
it the duty of the several United States
district attorneys, under the direction
of the attorney general, 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 property by
any other person or corporation by
reason Of anything forbidden or de-
clared to be unlawful by the act the
power to sue therefor in any circuit
court Of the United States without re-
spect to the amount in controversy,
and to recover three-fold the damages
by him sustained and the costs of the
suit, including reasonable attorney
fees. 1t will be perceived that the act
! is aimed at every kind of combination
in the nature of a trust or monopoly
&, in restraint Of Interstate commerce,
such as the Trans Missouri Freight
Association and the Joint Traffic AS
ISOLATION, have been
SUCCESSFULLY OPPOSED
and suppressed.
President Cleveland in his annual
message of December 7, 1S96-more than
six years subsequent to the enactment
of this law-after stating the evils of
these trust combinations, says:
Though Congress has attempted to
deal with this matter by legislation,
the laws passed for that purpose thus
far have proved ineffective, not be-
cause of any lack of disposition or at
tempt to enforce them, but simply be-
cause the laws themselves as inter
preted by the courts do not reach the
difficulty. II the insuficiencies of
existing laws can be remedied by fur
Their legislation, it should be done. The
fact must be recognized, however, that
all federal legislation on this subject
may fall short of its purpose because of
inherent obstacles, and also because CT
the complex character of our govern
mental 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
of our highest court on this precise
question renders it quite doubtful
whether the evils of trusts and mon
opolies can be adequately treated
| through federal action. unless they
seek directly and purposely to include
in their objects transportation or in
tercourse between States or between
the United States and foreign coun-
| tries
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 eff
fectiyely in the premises, and there
should be no reason to doubt their will
ingness to judiciously exercise such
power"
The State legislation to which Pre-
sident Cleveland looked for relief from
the evils of trusts has failed to ac-
complish fully that object. This is
probably 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
GRO beneficial and necessary To the