The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-08-13
TRUSTS m THE LAW.
Mr.. CIawson Finds Errors in the Ar
sument OF MIR. Moores.

To the Editor Of the indianapolis Journal:
l read with a great deal of interest, in
! your issue of yesterday, the interview
of the assistant attorney general relative
to the right of the steel trust to do BUSH
ness i'm this State, and 1 must confess L
was disappointed in his statement that the
trust was not doing business in the State
in violation of our laws. Since the pre-
else point has not been passed upon L
will take issue with him.. / will not say
that it is doing business violative of any
rights of the State. but do say this: The
distillery cases in Illinois lay down the rule
that no combination of capital can, by pur-
chasing all the competitive plants in the
country and thus wiping out all COMPETE
ton, hold the plants so purchased, and
that the State has a remedy which will
effectually stop such purchase and holding.
The meat of the argument is TO the effect
that the company may not be doing any
actual harm, but the mere fact that it has
the power to do harm and by its pur-
chases can wipe out all opposition-this
the court said was sufficient to justify
interference by the State. In other words,
the mere existence of this dangerous power
and the tendency to use 1t was sufficient
This case is not overruled, and So far as
l have learned has not been criticised by
any competent authority. And IL is this
very power which you condemn in your
editorial to-day. In the editorial you say
the fact that the combination controls
enough mills to paralyze many of the in
dustries of the country will convince many
that such combinations are a menace TO
the country" And further on I'm the same
paragraph you say, such people will come
TO the conclusion that a combination which
IS so extensive as TO affect the iron inter-
ests of the country, even when it would
not be used for that purpose, is by its very
existence a. menace
Does the attorney generals assistant
mean TO say that the State is so impotent
that il cannot stay the deadly march of a
combination OF capital whose very existence
IS a menace to the public welfare? OF what
avail are our boosted institutions and for
what purpose has the police power been
reserved TO the states? l assert that one
of two things must be true: First. these
co abinations are doing an interstate bust
Sherman law will. by the aid of an equity
court. reach their operations and put ,
stop to them. If they are not doing an
interstate-commerce business. then the po-
lice power Of the State can reach them.
The police power in government is not a
straight edge, but 1t IS a flexible instru-
ment and can reach 10 the uttermOst limits
in its defense of State rights. AS expressed
by the United States Supreme Court. "All
rights are held subject to the police power
OF the State and with the learned court
l fully agree. The steel trust has been
and is strangling all other combinations of
Capltdl winch dare compete with 1t, and
j. now engaged In an attempt 10 throttle
and destroy a combination of labor. The
editor Is frightened by the power of Mr..
Shafier to call out of employment a great
number of men-callS it CZar-like. and de-
clares that it should not be tolerated in
a free country, but what words of condem-
nation do you find for the Czar-like atti-
tudc of the trust in its refusal to arbitrate
with the workers and their arbitrary diS-
mantlinS of enormous plants, thereby SUBJ
stantially destroying the of en-
tire cities ana running hundreds of bust
ness men and banks who have pinned their
entire fortunes on the word and actions
of the company when they built the works
at those points, They aVOwedly are moving
them, not because they are losing money
at those pOints-not at all-but to punish
those places for extending sympathy to
the workers employed i'm their mills.
You are quick To condemn the worker
for his attempt to discriminate against the
trust and its products, but you fail to
condemn the trust when it iscriminates
against localities and labor. Do you not
know that their attempt TO punish Nc
keespOrt and thus deliberately injure that
section is an exercise of powers granted
by the State2 The Ompany is lifeless
without State aid. ard yet you tell me that
the same State which save it birth cannot
recall its grant of power, or the national
Congress cannot refuse il the right to enter
a sister State. within which IL will work IFS
own sweet VIII. strange competition. ruin
entire cities. declare war against to the
knife against the laDOTing mans last re-
sort in this country-organization.
] cOmmend TO YOU and the author of
Sundays Interview the reading OF the dis
tillery cases in Illinois as to the power of
the judiciary in this country. and would
like to know whether there is anv exemn-
ton in our Constitution prohibiting the
exercise OF the polio power of the State
as against these 'menaees,' to our safety.
Indianapolis Aup 10