New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-05-16
IN RESTRAINT OF TRUSTS.
HOUSE JUDICIARY COMMITTEE VOTES
Icy TELEGRAPH 70 THE TrIBUNE.1

Z
day against the proposition TO amend the Con-
stitution of the United States to clothe
Congress with authority and power to deal more
effectively with so-called trusts organized with
q view to control production and manufacture
so to prevent free competition and fix prices
which consumers shall be compelled to pay for
articles produced and manufactured. Every
Democratic member of the committee present
voted the motion to report with ia
vorable recommendation The proposed consd-
tutonal amendment framed by subcommittee
of which Mr. Ray, of New-York. is chairman,
and every Republican member present voted
aye.
TEXT OF THE AMENDMENT.
The amendment proposes the following as
Article XVI of the Constitution:
Section 1. All powers conferred by this article
shall extend to the several States the Terri
tories the District of Columbia and all territory
under the sovereignty and subject to the juris-
diction of the United States
Sec. 2 Congress shall have power 70 define,
regulate. control, prohibit dissolve trusts,
monopolies or combinations, whether existing in
the form of a corporation or otherwise The
several States may continue to exercise such
power in any manner not IN conflict with the
laws of the United States.
Sec. J. Congress shall have power TO enforce
the provisions of this article by appropriate
legislation.
The joint resolution had been the subject of
long and most careful consideration by the sub
committee, we'll by the other members of
the Judiciary Committee. and in the form finally
agreed upon it embodes the results of thorough
and painstaling investigation and study of the
subject in all it's aspects The report of the
committee, drafted by Chairman Ray and sub
mitted TO the House late this afternoon. is
comprehensive review of the subject and a
powerful and convincing argument in favor of
the proposed amendment to the organic law.
which is declared 20 be necessary in order to en-
able Congress TO deal with conditions which
could not be clearly and perfectly foreseen by
the trainers of the Constitution.
EXTENSION OF AN OLD PRINCIPLE.
The design, as Mr.. Ray carefully explains. is to
give Congress certain powers to legislate in re-
gard 10 production and manufacturing similar to
those 1t exercises IN regard to interstate COM
nlerce. This, il is shown, is not the assertion or
a new principle, but the extension and ampfift-
cation of an Old one, which underes the inter-
state commerce laws and regulations Among
other things this point the committee says:
Manufacture and interstate commerce are so in
timately connected and mqtually dependent and
so affect all the people of all the States that Con-
wise and beneficial to give Congress power over
interstate commerce. it is unWlse and detrlmental
to deny it power manufacture and production.
which may, and many times do, dominate such
V or trusts formed for improper purposes
extend their operations and business into all the
States and Territories and the business and
property interests of nearly all our people thus
Hence. they should be subject and amenabe to
sateg and 5e sTroy aud Which G
gress alone is competent to enact. These laws
States. thus securing uniformity of administration.
The several States are powerless to enact any
limits. Usually the laws of the one State differ
from those OF every other and hence a monopoly.
laws of one State may and frequently does exist
frequently does obtain control of all competing
IN Sme 'eq 'f fgonehou tbe
United states and the Territories it monop,oizess
and commerce in certain articles. and fixes the
No State can exclude from its territory the cor
poration of another State engaged IN interstate
exiatn In one State if also engaged in interstate
commerce may. so far as any State Is concerned
price and market everywhere.
In the course OF an argument against the
theory and assertion that such trusts or COM
binations destroy and prevent free cOnpeti-
ton are result or natural outgrowth Of the
protective tariff policy. the committee says:
The truth is that the great majority Of those who tho
protective policy are enemies r TO that system ana
would see It dsstr9EeoI, go re nU as rue
lies but sustain them.
The committee declares that it raises cry
against legitimate corporate associate enter
prises. whereby production is increased and the
cost thereof frequently reduced and the general
good promoted, and adds
But this result cannot be obtained if unresrained
monopolies permitted or there is no existing
lawful and competent restraining power. The
greed OF men, and especially the greed of corpora
late great wealth for the sake of the well being Of the
masses Of ihe r e S 0T w1
ment is invoked. or at least may be invoked, sut-
cited as 'odous'' and obstructive of free insttu
ple'
At the afternoon session of the committee
antitrust bill was ordered to be reported, in
addition to the constitutional amendment. The
bill differs from that previously framed, and its
features are summed up Ivy Chairman Ray
follows:
The bin reported to the House by the Judiciary I
Committee Is amendatory of the act approved July
1890 and commonly known as the Sherman ~ ia W.
increasing the penalties. but In no other respect.
The other sections of said act are not touched
new sections. one of which relates to the time when
The sections declare that every corpora ton,
asSoca ton Joint stock compa4g or partnership
manufacturing or dealing In any article of COM
merce when organized managed or carrying on
lizing the manufacture production or sale of any
such article, for the purpose of increasing or de-
sumner for the purpose of preventing competition in
the the or the ae T sne eea them o5
provided that such an organization may be pro-
interstate commerce, and il declared illegal may be
forbidden the of the mails. and interstate COM
hibted. A proviso is added that such articles nav
be carried for the use of the conslgnor CON
Other sections confer jurisdiction upon the dis