Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1901-12-27

these foreign corporations. 1t would
l thind, be different as to domestic
corporations.
But the Legislature is vested with
ample power, in aid of the policy de.
clared in the constitutional provisions
to make it unlawful for any corpora.
tion of another State, acting contrary
to their tenor, to do business of q do.
mestic character in the State. 1t may
also impose fines and penalties on the
companies or on any OF their employees
for doing so, and may empower its
courts to enforce ito mandates in any
appropriate way, civil or criminal. 1t
may also give TO its citizens a simple
and eficacious way of replevening
property held by such companies in
default of the payment of excessive
rates. without any right on the part of
the companies TO re.replevin, 30 that
in cases OF contests over excessive
charges, the burden would all be on
the railway company. Many other
regulations Of . similar character, in
tended to discourage the making Of
excessive rates under the influence OF
such combination, could be made
and ought to be made.
Legislation of the kind here men.
toned, but not the same in all re.
spects, by the State Of Texas, as ap.
piled to foreign corporations. was up.
held by the supreme Court of the
United States 90 valid and constitu.
.ional, in the Waters Pierce Oil Co.
case before referred to. The enact
ment in our State Of the Texas law,
which is Get out in full in the report
of that case, with some amendments
and additions which would suggest
themselves TO almost any lawyer, would
meet the present situation admirably.
Concerted action Of al the States
affected by this combine TO enact that
Law, would kill the Northern Securi.
ties company - dead - Julius Caesar.
Moreover. it would put an end to the
joint control OF these roads by . COM
mon individual ownership. The bur.
den Of carrying majority Of all the
stock of these roads is more than even
the colossal fortunes behind this At
tempt can stand. II it were not. con-
trariety aud conflicts Of interests be-
tween the individuals concerned
would. sooner or later, bring the at.
tempt to grief. should, therefore
if l were in your place, consult freely
with the executives Of other States
concerned, and endeavor to secure
joint action in the direction suggested
and possibly it would be good policy
TO endeavor 10 agree on such joint &C.
ton before inviting our Legislature ia
act alone. But 20 strongly am i'm.
pressed with the great evils in store
for us. il this monopoly be fastened on
Eus. that would be willing to see our
State act alone it necessary in fighting
it to finish.
Iapprehend, however, from what ]
know Of the situation in our State,
and in our sister States, that there
will b moro difficulty in having ouI
Legislature deal adequately with the
matter, than il TO b apprehended from
the Legislature Of any other State,
But l cannot believe that any legisla.
tive body. or any State affected by
this combine. will be 20 dead to public
spirit and duty to the people it repre-
senis, - to decline 70 act promptly
and effectively in this emergency.
In conclusion, and to make this re-
view Of the situation reasonably COM
plete, I wish to state that this combine
is clear violation Of the Act OF Con,
| gress, approved July 2, 1890. known u
the Sherman Anti-Trust Law. The
The first section Of that act declares
Every contract, combination in the
form Of trust or otherwise, or oonspir'
| scy, in restraint of trade or cOmmerc<
among the several States. or with for
eign nations, is hereby declared lille
gal"
Two voluntary combinations Of rail
roads 10 FIX and maintain uniform
rates for the transportation Of person.
and property on interstate business
have been declared illegal by the Su
preme Court Of the United States ant
their continued operation prohibited
by injunction. The cases in which
that holding was made are. U. 8. vs
Trans-M Missouri Freight Association.
160 U. g.. $50, and U. 8. vs.. Join
Traffic Association, Ill U. s., sos. 1
was held in these cases that transpor
tation was commerce, and that an.
combustion whereby il was sought 4
defeat the influence Of competition il
fixing rates Of transportation, Was il
restraint OF commerce within th
meaning Of the Act of Congress. l
seems manifest to me that if the road
cannot combine by voluntary associs
ton for such = purpose. they canno
use the fundamentally Of State cor
poration for the pooling Of their stool
to accomplish the same end. N
State can lend its aid to violate vali'
law OF Congress. The Act OF 1880 wa
valid law made to regulate com
merce between the States, a subjec
over which Congress has exclusiv
control.
j II then, the New Jersey corporation
I. s,,,rd IN ha a device to circumven