New-York tribune., 1900-04-17
AIMED AGAINST TRUSTS.
RADICAL MEASURES FRAMED BY HOUSE
SUBCOMMITTEE.
4 CONSTITUTIONAL. AMENDMENT AND

CONSTITUTIONAL AMENDMENI AMI a
NEW ANTITRUST LAW PROPOSED.
Washington. April 1.-two measures directed
against trusts were determined to-day by the
special Subcommittee Trusts Of the House
Judiciary Committee. The subcommittee has
spent many days examining the various rem
edies proposed, and the conferences were not
ended until late hour to-day. AS agreed on
the remedy is twofod, namely constitutional
amendment giving Congress full power to deal
with trusts. and a new antitrust law, making
the following extensions to the Sherman act:
First-Requiring the branding marking of
trust made goods shipped out of a state so as
be easily identified the product of a trust
Second-Prohibiting the interstate traffic of
trust made goods not so branded. and making
them subject to seizure and condemnation.
Third-Requiring corporations having capt
tai of over $l,000,eOO or doing an annua! busI-
ness of $1.000000. to file report of their Affairs
with the Secretary of State.
Fourth-Providing the process of injunction
against combinations sending trust made goods
from State to State to foreign countries.
Fifth-PrOhibiting the of the mails to con
Germs proved to be trusts and their officials
MR. RAY EXPLAINS THE MEASURES.
Mr.. Ray. Of New-York. chairman of the Ju-
dietary Committee and the Special Sub-Commt-
tee on Trusts gave the following summary of
the measures.
The subcommittee Of the Committee on Ju-
mittee a proposed constitutional amendment
which provides that Congress shall have power
to define regulate, control. prohibit or dissolve
trusts, mOnopolies or combinations, whether
existing in the form of a corporation or other
wise, and which further provides that the sew
eraI States may continue to exercise such power
in any manner not in conflict with the laws OF
the United States
The necessity for this amendment grows out
Of the fact that it is held by the Supreme Court
OF the United States that manufacture and
production are no part of interstate commerce.
and cannot be reached under the interstate COM
merce clause of the Constitution, even though
monopoly in manufa cture indirectly affects or
controls such commerce. Therefore, monopoly
in manufacture is not restraina bic by Congress
even when it controls the output of an article
of necessity to all the people in all the States
and fixes the price at will.
Another measure amends the act of July =,
1890. being act to protect trade and COM
merce against unlawful restraints and mOnop-
Oily. and known as the Sherman act. The proposed
bill increases the penalties fixed by that act
and adds thereto five new sections. The new
sections relate to producing and manufacturing
corporations and associations organized or man
aged for the purpose of controlling or monopoliz-
ing manufacture or production, or so conductng
their business as TO monopollZe manufacture
1t provides that corporations and associations
organized and carrying on business for such
purpose shall mark goods shipped without the
State in which produced, and that the same
shall not be transported or carried without such
State when not so marked either upon the
goods themselves, the packages containing the
same or the cars in which shipped.
Articles of commerce not marked may be
terstate commerce.
It is further provided that corporations and
associations organized with or having a cap
ital stock of 81 100000 over, doing busi
ness of 81, 100000 per annum, SHALL be
fore being permitted to transport their product
into any other State or Territory file with the
Secretary OF State OF the United States re-
port making substantially the same showing
now required OF railroad and steamship COM
panies engaged in interstate commerce
II further provides that corporations and as
sociations formed or carrying on their bust
for the illegal purposes aforesaid may be
restrained from carrying interstate or for
eign commerce, and also provides that when
such corporations and associations ad
judged illegal within the meaning of the act
they and their officers shall be prohibited the
use of the mails in aid of their illegal designs
Penalties are imposed for violations Of the
act and Jurisdiction is conferred upon the
Circuit and District courts, and it is made the
duty Of the Attorney-General and of the sew
era district attorneys Of the United States to
institute all proceedings, civil and criminal,
necessary to prevent punish violations of the
act, which is to take effect June 30, 1900.