New-York tribune., 1900-05-23
MONOPOLIES AND -DEFINITION


1t would be pleasure to approve without re-
serve or qualification the course Of action pro-
posed in Congress regarding industrial corpora
tons. But some features of it call for criticism
Every attempt by the Democratic party to deal
with this question, whether in the States or in
Congress, has been marred by looseness in de-
scribing or defining the corporations or the acts
10 which 1t was intended to apply For that
reason II is more to be regretted that something
or the same yagueness and want Of precision in
statement appears In the legislation proposed
for Republicans. Dreary delays or failures in
the courts have made 1t clear that in this field
the results desired cannot be expected from any
enactment that is not confined most strictly to
the acts which it is intended to reach But suc-
cesslVe decisions have made 1t equally clear that
the cumulative effect of many efforts TO specify
the precise combinations which are held perni-
cious to the public welfare has been to increase
the difficulty of doing So
Republicans generally approve the main pur-
pose so far avowed, namely to clear away by
constitutional amendment the grave douht ex-
listing to the limitations of Congressional
power in this matter. Much power Congress un-
doubtedly has already-power to regulate any
trafhc that is carried on between the States;
power to restrict or regulate in a broad sense;
power TO tax, and TO inspect or supervise as a
basis for taxation. But to how MANY or what
corporations or individuals do these powers OK
tend? Eminent jursts who have given the sub
ject much attention would probably be among
the foremost and the frankest in confessnr
their doubt under the Constitution and the laws
as they now stand. Everybody would therefore
regard with some satisfaction course calcu-
lated definitely TO fix the power of Congress and
of the United States that the States NAV be
ell 10 far hat
have exclusive power to control
The constitutional amendment proposed can
hardly be said to settle doubts in this matter
1t gives large power to Congress TO deal with
corporations which bring themselves within the
reach of the law by controlling prices suppress
ing competition or exercising a certain measure
Of monopoly. But it appears to he left 10 litiga-
tfon in every State, and a,so in every Unite
States court TO determine whether each corpora-
ton has been so conducted that il comes
within the operation Of the constitutional
provision or of laws enacted in order to
carry that provision into effect It would seem
TO be possible to attack in the courts large
number of corporations. and of firms also, ard
of individuals or personal combna tions with
the greatest doubt in many cases how far tie
use Of certain powers places the individual finn
or corporation within the penalty of the law
1t would follow. if the amendment proposed
should be passed without modification. that the
various States would have Is guess each for
itself how far the constitutional provision would
extend II adopted and also whether il could be
invoked with practical equality OF rights to
defend single small firm corporation against
the most powerful combination. Surely It 'vodld
increase greatly the prospect of the success of
such an amendment if submitted TO the States
for their action should its legal meaning be
rendered as plain possible to the people Nor