The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-03-12

n y SEEMS to us that the trust
question is being rapidly cleared
IA up. On Monday the United States
Supreme court, in Il case coming
to it from Illinois. decided that Il state
could not outlaw certain groups OF
combinations for the control of prices
without outlaWing all combinations
whose effect is to control prices: in
other words, there could be no Jug
handled antitrust legislation. with one
stroke of the pen this wipes out of eX-
istence the antitrust enactments in
thirteen states, wherein combines" in
agricultural products and live stock
had been specially exempted for obvi-
Gus political reasons. The meaning of
the Supreme court decision is that com-
bnations which affect prices. which
RESTRAIN trade" can all be Outlawed if
legislatures will put all on Il common
level. This would include labor unions.
which regulate wages, hours of work,
and to some extent the employment of
men not in their membership. When
the labor asitators discover that they
cannot get laws passed which will stop
one kind of trust without stopping all
kinds. their own included. there will be
less hasty antitrust legislation. dema-
gogical in character and often vicious
in motive.
Another happening of Monday which
goes far to clear up the fog that has
enveloped this general subject in the
minds of many was the fling at ST.
Paul of the bill in equity prepared by
the United States departmrit of JUS
tice calling upon the federal court to
dissolve the Hill-Morgan northern rail-
ways merger, technically known as the
Northern Securities company. This bill
sets forth that the merger is a con-
Spiracy in restraint of the competition
called for in the act of congress known
as the Sherman antitrust act. and
therefore an infringement upon the
public interest. If the facts cited in
the bill are true facts-and it is un-
likely that the government would put
Its signature TO a false representation
then the dissolution of this ambitious
enterprise is as sure to follow as sun
may rule finally on this bound-to-
become celebrated case, the significant
fact in the whole matter is that the
government is alert to protect the pub
lie welfare, and that no combination of
citizens, however wealthy or supposed
ly influential in their relations with
politics and public men. can with i'm
an ,f,N,, ~
which has well-defined appearance of
violating a matured law of the United
States.
The hauling of Hill and Morgan into
court to answer as any common citi-
zen for their acts takes place, by an
interesting coincidence at about the
same time that two other wealthy citi-
zens, concerning whom it has been un-
truthfully said that they were smarter
than the law and immune from its
operation--the fellow conspirators with
Captain Carter, Messrs. Greene ana
Gaynor-become fugitives from Justice.
with the fate before them of having
either to come back, stand trial and
disgorge, or to pass the remainder OF
their days as outlaws, fleeing from the
hand of the government they have
robbed. While we do not intend any
comparison between their acts and the
acts of Hill and Morgan, who proceeded
upon. advice or eminent counsel that
what they did in the formation of the
Northern Securities company was en-
tirely legal and who doubtless are sim
cere In their belief that the act of mer-
ger thus committed represents Il policy
of corporate mana cement of ultimate
benefit and gain to the people of the
United States, there is one reflection
common TO both cases; and that is that
the law is supreme.
Not less important than the fore
going circumstances in forwarding n
sane view Of this question of large cor
porate rights was an address delivered
on THE same day before the Economic
society at Harvard university by James
Il. Dbl esq, the pre-eminent authority
In THIS country ON corporate law ana
the legal side of great business UNDER
takings Mr., Dilrs subject was ma
tional Incorporation Laws for Trusts"
and thegtenor of his remarks may be
fairly said to favor the enactment of a
national act permitting corporations TO
receive national charters not unlike
those upon which national banks are
conducted with requirement of gov
ernment Inspection, fun publicity OF
essential business conditions and
basis of taxation which will make. the
corporation pay what it fairly owes,
yet protect it i'm some degree from fire.
quent hold-ups at the hands of tricky
state legislatures. The address of Mr..
Illustration Of the sense Of fairness and