The Montgomery advertiser., 1902-10-14
MEMBERSREPLY|
Senator Morgan Says Con
 greSS Can Give Relief.
If sherman Act is Defective, He says It Should Be Amended-Repub- {; licans Wary in Touch
 ing Subject.


 or the wide interest at present in the trust problem and the probable action of the National Congress in regard to it, The Evening Post has sent to all the mem bers of the United States Senate and House of Representatives 8 blank con taining these questions:
 Ffrst--Do you think that the powers of Congress under the constitution for controlling or restraining industrial cor porations. have been exhausted in the so- called sherman antitrust act?
 Second-Are you in favor of amendments to the constitution to give Congress sddi- tional power to control corporationsf
 Third-Do you favor the reduction or re- peal of import duties on articles whose production in the United States Is com trolled by monopolies?
 Fourth-Do you favor the ratification of reciprocity with France now pending in the Senate?
 Reply of Senator Morgan.
 Some of the replies received follow:
 John T. Morgan. Alabama (Dem. )-The Sherman trust act so far from exhaustinG the powers of Congress for controlling or restraining business corporations. only touches the margin of the subject, experi- mentally. but its effect is fatal to any conduct of such corporations that fs con- demned by the common law of England. Such an act. in the States. where the English common law prevails, would ho regarded by the courts, as being in aid of their great system of remedies for public and private wrongs. 1t may bo that the Sherman trust act needs amend nent so as to make clearer the powers and duties of the courts. If so, it should be amended. Second-In all places where the United States Government has the exclusfve | power to govern through such agencies | as 1t may select, no amendment of the constitution can be needed to increase | the power of Congress for any purpoee | of free. republican government Congress | or the States may declare and define the | uses of properties that are of public necessity or utility and. without any inr reference with the title, may protect such used as the States may do within their jurisdlctional limits; and both may protect the same with their sovereign powera- There need be no conflict of jurisdiction if both governments are seeking the same results.
 In the case of corporations. the control of their conduct with reference to public noliey, and its general welfare is much simpler. than in that of natural persons They have no natural rights and can nave no artificial rights, or privileges, Wnether granted by, the States or by Congress, or such dignity as to entitle them 10 stano up against a public policy. or the general welfare. declared by law. can see no necessity for amending the constitution SO as to give Congress the full and com plete power to protect the country against combinations or corporations. to the in- jury of the. people at large, or any class of the people.
 Third-I am in favor of the reduction OF tariff duties, without regard to the trusts, and with just regard for the true prin-
 t.t, Ia shall be the honest purpose of tarin ta1A- tion. and that the taxing power shall not be abused by employing 1t for the purpose of fostering private business pursutss without regard to the general WeHaIe I have never seen how tarfn scneouie could be safely made so elastic as 10 pe used as a means of destroying the trusts that exist and those than can be formed I have never thought it wise to leave 1t in the power of the trust combines. and at their option, to put any article on the free list by merely forming trust 10 engross the market in respect of such article.
 Fourth-Reciproeity treaties are conve- nient methods of securing advantages to certain favored industries, and of get ting free trade under the guise of pro- lection. Reciprocity with France. about which you ask my opinion, IS of some
  sympathy, but not the approval of my judgment as a method of tariff taxation by our government. Nothing more con- suicuously represents our national inde- pendence than the right of taxation free from interference by any other natiop.
 Other Alabama Representatives.
 H. D. Clayton, Third Alabama (Deml
 First-No.
 Second-I think 1t unnecessary.
 Third-Yes.
 Fourth-No.
 s. J. Bowie. Fourth Alabama Dem)-
 F1rst-No.
 Second-No.
 Third-Yes.
 Charles W. Thompson. Fifth Alaba- ma (dem.)-
 First-I do not. I think proper revision of the tariff would remedy this evil.
 Second-I am if 1t cannot be done othe-- wise, but do not deem 1t necessary.
 Third-I do.
 Fourth-I do.
 From the A members of the Senate and House of Representatives, 7S re- plies were received. The greater willing ness of the Democrats to put their views on the trust problem on record at tue present time was seemingly indicated by the fact thaat 49 answers came from the 1S2 members of that party in the two houses. and only 30 from the 2A Repuh- licans.
 In Massachusetts. to take an extreme case there are three Democratic and ten Republican Representatives. Answers came from all of the Democrats. but from only one Republican. But two of the ffty-four Republican Senators answered the questions at all