The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-06

| - -
serted
President Harrison. in his annual
message of December 3, 1889, says:
Earnest attention should be given by
! Congress to a consideration of the ques-
ton how far the restraint of those COM
binations of capital, commonly called
trusts, is matter of Federal jurisdic-
ton. When organized, as they often
are, to crush out all healthy competi-
ton, and to monopolize the production
or sale of an article of commerce and
| general necessity, they are dangerous
conspiracies against the public good,
and they should be made the subject of
| prohibitory and even penal legisla
| tion."
| An Act to protect trade and COM
merce against unlawful restraints and
monopolies was passed by Congress on
the I'd of July, 1890. The provisions
of this statute are comprehensive and
stringent. It 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 ma
lions, to be unlawful. 1t denominates
as a 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
Circuit Courts of the United States
with Jurisdiction to prevent and re-
strain violations 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 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 or international
commerce.
| RAILWAY POOLING.
The prosecution by the United States
| of offenses under the Act of 1890 has
been frequently resorted to in the Fed
eral Courts, and notably in the re-
| straint of interstate commerce, such as
! the Trans Missouri Freight Association
| and the Joint Traffic Association, have
been successfully opposed and sup
| pressed.
| President Cleveland in his annual
message of December Z, 1S96-more
than six years Subsequent to the enact
ment 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 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. If
| the insufficiencies of the existing laws
can be remedied by further legislation.
it should be done. The fact must be
recognized, however, that all Federal
legislation on this subject may fall
short of it's purpose, because of in
herent obstacles and also because of
the complex character of our govern
mental system, which, while making
|
| it's 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 Z. doubtful
whether the evils of trusts and monopo-
lies can be adequate treated through
Federal action, unless they seek direct
| ly and purposely to include in their
objects transportation or intercourse
between State or between the United
| States and foreign countries.
at 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 reason
to doubt their willingness to judicious-
ly exercise such power"
The State legislation to which Presi-
dent 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 dis
| criminate between evils and injurious
| combinations and those associations
which are beneficial and necessary to
the business prosperity Of the country.
The great diversity of treatment in
! different States arising from this cause
and the estimate relations of all parts
| of the country to each other, without
regarding State lines in the conduct of
| business. have made the enforcement
| of any State laws difficult.
| 1t is apparent that uniformity of leg
| islation upon this subject in the sew
| eral States is much to be desired It
! is to be hoped that such uniformity
! founded on a wise and just discrimi-
nation between what is injurious and
what is useful and necessary in bus
| mess operations may be obtained, and
that means may be found for Congress,
within the limitation of it's constitu-
| tional powers, to supplement an eff
fective code of State legislation as to
make a complete system of law
throughout the United States to compel
a general observance of the salutary
rules to which I have referred.
| The whole question is so important
and far-reaching that I am sure no
part of it will be lightly considered but
every phase of it will have the studied
| delberation of the Congress, resulting
| in wise and judicious action.
FOREIGN RELATIONS.
Appropriate Recommendations.