The times. [volume] (Washington [D.C.]) 1897-1901, 1900-06-06

81 having been added to help oefray the
expenses of the war with Spain. So with
the tax on the two great trusts, although
small, yielding but little revenue: the spec
lal tax on the Sugar Trust and upon the
Standard Oil Trust can be held in the air
and their contributions can be compelled
And so with regard to the tax upon in
heritances.
"And thus we are charged with playing
politics, 1t seems that we have been out
done at the game. Under the circumstan-
cess all we can do is to show to the peot
pie of this country the situation and the
facts and let them draw their own con-
clusions.
Il submit. Mr. President, that as far
as | am concerned. / shall resist the pas
sage CT any motion TO adjourn until the
measure now before us is considered by
this body.
THE people of the United States have
clamored for the election of Senators by
a vote of the people. The other house,
in response to this clamor. has submitted
constitutional amendment and il comes
to us and is referred to an unfriendly COM
mittee. majority of whom are Republic
cans, and the joint result is reported to
this body adversely. Why not submit that
and submit it now? Because the Repubii-
cans in this body would defeat it. if it
the people in the coming campaign and
say a Republican House passed this meas
ure and, II we are reelected, We will put
1t through the Senate next year. There
Is time now. The summer is before US.
We can stay here another month and dis
pose OF these great questions. l insist that
1t is our duty to do SO, and If you will
not do it I propose to have the people of
this country know that you are playing a
game
Mr.. Stewart Surprised.
Mr.. Stewart-Mr. President, am some
what surprised that any person shouls. OBJ
ject to reference of this bill to the Ju-
dietary Committee 1t is a bill creating
high crimes under which people must be
punished / do not believe the language is
sufficiently accurate for anybody to know
what the crime is or whether he is a GRIM
inal or he is carrying on any unlawful
business l think the matter ought to be
Investigated. The question of trusts should
not be played with as mere buncombe. II
We are to legislate against them We ought
to do 1t as honest men. as lawyers, and
as legislators. Do Senators seriously pro-
pose to pass such bill. without reference
to committee, a bill under which men
are liable to be prosecuted? Let US exam
Inc a few of the wonderful and extra
ordinary provisions of the bill:
Sec l. Every contract combination in the form
OF trust or otherwise, or conspiracy. in restraint
of trade or commerce among the several States.
or with foreign nations, is hereby declared to be
illegal. Every peson who shall make any such
contract or engage in any such combination or
conspiracy shall he deemed guilty of crime,
and. on conviction thereof, etc.
Every contract, combination in the
form of trust or otherwise. or conspiracy
in restraint of trade" What does that
mean? Does it mean that you restrain
trade If you produce an article in competi-
Gon with somebody? / should like to see
my honorable friend from Maryland (Mr.
McComas) give a charge to jury to
convict somebody of a crime under this
provision. How would he define it if he
were on the bench again? / hope he will
think about that seriously and see whether
he would feel authorized to tell jury
that certain facts would in any case that
could be proven render a man liable to
criminal prosecution under this act. Then
It goes on further: @''--'
Sec. .. Every persen who shall monopo,ize.
attempt to mcnopoize combine conspire
with any person or persons TO monopolize. any
part of the trade commerce among the sew
eral States with foreign nations shall be
deemed guilty CT crime. etc.
1t is impossible for man TO enter
into corporation to do any business
without monopolizing part of the trade.
That is impossible if you are in cor
poration at all or any other kind of busi-
ness or partnership, because you monopo-
liZe the trade that you Yourself do. You
do that exclusively. and to that extent
you monopoliZe it, and the bill says in
that case you are guilty Of crime. That
provision would make every man engaged
in trade criminal. If carried oiit literal
ly Still, il is said that the bill should
not be examined by a committee. / do
not want to vote on a measure like this
until after it is examined. l think it
needs examination.
Sec. .. Every person who shall monopoiixe, or
attempt TO rienoroliZe combine conspirc
with any person persons 10 Bonopolize, trade
or commerce among the several Staies--
'Any part" of it. If he runs any kind
Of e business he monopolizes what he gets
What business he gets he monopoiizes. II
IT means that he monopolizes any part of
1t, then. If he is engaged in the business,
he is guilty of a crime.
Mr.. Bacon's Views.
Mr.. Bacon-Mr. President, this question
is either an important one or else it has
been unduly nagnifed by those who claim
to be the friends Of the bill. If it is
matter of importance it should be acted
upon. and if We do not act upon it do
not know any other way in which We can
more emphatically say that We do not re-
gard it as a matter Of Importance. 1t will
depend upon whether We give this prac-
tical direction as to whether We shall be
Judged to be sincere when We say that we
are in favor Of antitrust legislation.
Mr. President we cannot deceive the
country We cannot even deceive ourselves
into a belief that We are proceeding in
good faith in carrying out the assertions
which we make in this regard II We give
such direction TO this measure as prac-
ticaIly ensures that it will not be acted
upon at this session.
/ have no objection to a reference OF the
bill to the judiciary Committee IL Con-
gress intends, when referring 1t, to put
itself into position, or rather keep itself
in a position where 1t can act upon the re-
port OF the committee; but In the face OF
the avowed purpose to adjourn this session
on tomorrow a motion to refer means but
one thing. and everybody knows It. The
country will know 1t. 1t means simply that
we do not intend to act upon it at this ses-
sion of Congress. Therefore upon the mo-
ton to refer, / say in all respect to thosa
who vote for it. / think II will be regarded
as an indirect way of defeating the bill. 1t
is the same as IL we had voted not to con-
slider the BILL and the same as ii we had
voted In case it were considered not to
pass 1t.
Now. Mr. President, great outcry has
been made in one branch of Congress as to
the necessity of trust legislation. There has
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