Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1902-10-15

nevertheless totally pOHS-iS@s = L ae
that although they know With glo..i.ss
certainty the nature OF the Ns1oAs a.
are seeking q remedy, the Constitution Is
1t stands does not permit them TO pursue
first necessary; that the power of congress
does not now extend over detrimCnts N
juring the entire body. of citizens in their
most vital concerns, because THESE Getal
the states In the aggregate, and by the
cooperation which Is essential. 90 Z Iii
Ing effective to remove theElE do MOI
less. When the Currents Of 3. roiy
evil obviously 6Ow out over size ineS
and cover the country. not only entering
but largely alng the channels mel of Of az ntt n
say that the evil Is beyond the national
reach, and that because the first step
which may lead to the evil Is production,
state, the states alone may deal with IL.
Ii the states are a nation for some
purposes, as Jefferson said, with full leg
sive regulation OF Interstate commerce is
one of these purposes, as the supreme
court has decided, 1t would seem mon
strous to urge that congress and the ex-
and must sit Idly by and see the chan.
nels OF interstate commerce made use or
TO the injury. Of the people by monopolis-
Power Resides somewFe ere.
Plainly the power must reside some
where, either IN the nation or In the states
reservations; but the effect of present
doubts Is to create dilemma under
the state saying, Some Of us do and some
Of us do not approve or permit monopolis-
tic production; that is our concern, but
when the products cross our borders the
problem passes beyond US and becomes
matter of national regulation and control;
and the nation appearing TO reply, l can
deal with commerce passing beyond any
one state, but effective regulation here
with
and that is a state matter which / may
not touch. And so the nati0IA and local
sovereignties halt and the deiictum es-
capes. The supreme court has character
lied the power of congress to regulate
interstate commerce. like the related and
sometimes auxiliary power to tax, in terms
commerce in language which is inclusive
of all phases of interstate intercourse,
exchange. and trade; it has merely said
of modern consultations which primarily,
at least, regards production alone, is not
such commerce. / do not think it can be
said that the court has gone beyond this
point.
Concedine that the present law is not
effective Throughout the situation, we
come to the final ALTERNATIVES: May not
congress, under the existing constitutional
grants, amend and extend the law, and
thus remedy it's defects and so effectively
regulate national and foreign commerce
the regulating of OUTPUT and price, and
the restraining of national and interna-
tional trade: II the answer to this ques-
a second question follows: How might
congress so amend the present law?
/ do not scruple to say that in my
Seefs ON the e r ste questions sG the mor na uH
hesitatingly will an affirmative answer
be returned.
That regulation by congress in this way
duction would be no bar. The vRy point
Of the sugar trust case was thar con-
solidated scheme Of production might lead
motley AFFECT commerce. but did not for
that reason invoke the federal power over
commerce; and the Illustration from the
converse OF the situation Is significant on
the point Just stated.
Four Phases of Legal Action.
Congress under this power prevents the
importation or transportation of articles
deemed injurious to the general welfare.
thus the laws subject the movement or
explosives TO safeguards and burdens, alb
soluteiy excludes impure literature and
diseased cattle, conVtcts and contract la
Dor, and scrutinizes and prevents or
checks many foreign and Interstate move
menIS, throughout the entire held OF in
ternatiOnal ana national intercourse, IN
the interest or ali the people, on grounds
or commercial, hygienic or ethical policy.
Who shall set AInltS now, in auVaLce
OF a carefully framed anu Judfcfaily tested
law, to the competence Oh congress to
i'll the exercise OF the Legislative WISDOM
and in the wide discretion confided to IT!
" no shall say that tine power of congress
does not extend so Tar! l think II Euoes.
am quite sure no one can now say that
it does not.
Every constitutional question is an open
one until IL is autnor1tatively closed by
Il decision Of the supreme court.
The president Saia Al MS nrSt message
he cid not THINK the authority Of congress
to protect the people against the evils
nT nAAn
views | have expressed arc but an ampH- |
hcation OF MS.
Public sentiment is sufficiently aroused
ana me situation is Sufnciently grave 10
cali Tor tue enoru the presIuenJ Is making
to secure all authoritative exposition or
existing laws, ana suggesting additional
ones the end that tue puDnc mind shall
ne set at lest anu u.ese economic ques-
lions taken from the uoInaln OF c0ntro-
ersy and uncertainty.
M. Anox here described recent suits
ia ought ~ tnr SoNNIHmCnt ana took &C.
CAsiOn to say the dunl-nlstlaLIo would |
STOP falAoa0 rate cutting, II IN It's power |
10 40 SO. lie Iurtner sand in part:
Here, then, are Tour phases of the at |
Jack ON Combinations in restraint of trade
uAd commeEce-tne ta.E DAD injunction |
suits, the cotton pool cases, the beef
trust cases, anu Northern Securities |
case. The us1 relates 10 the monopoly
prouueed 10y secret and preferential rates |
Tor railroad transportation; the second to |
fallload IrahAc pooling: the third to a
to ia and maintain eXpDrtiOnate prices for |
meats; and tie fourth 10 Il corporation |
to merge INTO itself the control |
OF parallel ana competing lines of rail- |
ROAD and eliminate competition in their |
rates OF transportation.
There ap;e,.IS ~ be no doubt of the |
facts as SCI Oat III the bills filed in these |
various cases. The combinations pro- |
ceeded against are in some respects diff |
ferenJ from those considered in cases that |
have been DECIDED by the supreme court |
and ii is sad by their organizers that |
they have avoided the prohibitions of the |
antitrust law. The department OF JUS /
tlce, being Of opinion that they are each |
in violation of that law. found it to be /
its manifest duty 10 30 advise the presi- /
dent with the result which is known 10 |
all.
Question For Legislative Wisdom.
The extent to which legislative control |
over commercial activities should be exer-
cised is. of course, a question for legisIa-
tive wisdom. We have the experience of /
the other nations 10 guide in determin-
ing how far the delicate and mysterious
rules of trade can be interfered with by
positive statutes without injury That /
experience teaches Us that the least n
reference consistent with the preserva-
ton of eSseuUlI rights should exist Ar
s.tlaly regulations that restrain free in