The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-08-23
KNOX AxD THE TRUSTS.

10 nave Deen dictated by the corporation
influences. This impression was rein
forced by the subsequent career of the
attorney general. During his entire
term, Griggs was a faithful advocate of
the pet schemes of the administration
and the large money combinations His
defense of the administration in the in
sular cases was mastery, but his prose-
cutioD of the various trusts which were
brought to the bar was so Indifferent
that had be been a private attorney he
would have been accused of disloyalty to
his client
Upcn the resignation of Griggs from the
cabinet, fit successor was difficult to
| find. At last, however, the administra-
ton lit upon one who seemed to be able
to fill the vacant place with satisfaction,
not only to the administration cabal, but
to the power behind the throne.
At last Mr.. P. C. Knox, of Pittsburg,
Pa, was induced 90 to accept the re-
sponsible position. Mr. Knox by virtue
OF his residence and training was one man
out of a thousand to take the place of
John w. Griggs, of New Jersey.
The recent tilt between H. B. Mar
tin, of the Antitrust league and the at
torney general, regarding the prosecu-
ton of the United States Steel corpora
ton for violations of the antitrust law
have fully demonstrated that Mr. Knox
does not propose to interfere with the
present admirable status of things. He
plainly shows that he regards himself as
responsible not to the people but to the
influences that placed him where he is.
So far, the antitrust people have the
best of 1t, and Mr.. Knox is made to ap-
pear before tie people as a paid attorney of
great corporation in the employ Of the
government. The prosecution of trusts
under the antitrust law lies wholly with
the attorney general. If he refuse to
move, the wheels OF justice must remain
idle. For four years Griggs earned his
salary by preventing convictions under
the antitrust law instead of securing
a record.
The only statute which covers the ques-
ton of trust combinations is the Sherman
antitrust law which went into effect in
1890 Prom it's title we learn it's purpose:
AN act to protect trade and commerce
against unlawful restraints and monopo-
lies
Section 1 declares every contract, COM
binatfon or conspiracy in restraint of
trade or commerce among the states, to
be Illegal and makes the act INSIDE
meanor, punishable with fine or imprison-
ment or both.
Section makes it misdemeanor to
monopolize or attempt to monopolize
such trade or commerce.
Section declares contracts for such
purposes Illegal and subjects the parties
to fine and Imprisonment
Section gives the federal court jur-
isdiction and imposes upon the district
attorney under the direction of the AT
TORNEY GENERAL the duty of enforc-
ing the law.
1t would seem from the above that the
law is sufficiently sweeping and exact to
prevent the spread of trust combinations.
But. strange to say, the leading cases
which have been carried to the United
States supreme court by the trusts have
been decided against the law 1t is well
known among lawyers that a case poorly
tried is apt to be followed by a poor de-
cision. A prosecutor can, by indifference,
give a case away, which if vigorously
fought would have resulted in convic-
ton. The attorney general did not care
to win the trust cases.
The first case arising under the anti
trust law was United States VS.. E. E.
knight company, the famous sugar case.
The American Sugar Refining Company
of New Jersey, which already controlled
s. per cent of the sugar output of the
United States. contracted to purchase
four Independent refinerles at Philadel-
phia, which produced SO per cent of the
output. This combination would give the
trust monopoly of 9S per cent of the en-
tire United States output. The court
held that this contract applied only to
the transfer of the plants, and therefore
did not come under the interstate clause
of the constitution. This view was so
narrow, being in direct opposition to the
spirit and words of the antitrust law
as indicated by sections 2 and 8 of the
act, that Justice Harlan was constrain-
ed to file dissenting opinion. In this
opinion he laid down the principle that
interstate commerce consisted, not only
in the transportation of goods from one
state to the other, but included the manu-
facture and sale of the same, together
with all business transactions necessary
to the present conditions
Another case came up from Kansas
City and involved the Cattle Dealers as
ISOLATION. which sought to monopolize the
cattle market and control prices. Al
though the object of this association was
apparent and although its work affected
the cattle trade from the entire, South
west, the court held it to be local in
stitution and refused to interfere. These
cases somewhat discouraged the friends
of the law. who saw clearly that the
attorney general did not care to do his
duty, and when compelled to act, went