Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-10-07

the present differences of opinion be-
tween the members of this commit
tee thew limit this report to submit
ting to the careful consideration of
subsequent congresses the facts
shown by the testimony before the
committee
Republican Action.
.While a republican congress came
into Office on March 4. 1889, two days
after the making of this report, it |
did not assemble under the constitu-
ton and laws of the United States |
until December, 1889, when it prompt |
ly took up this question. 1t must be
borne in mind that in most govern
ments acting under constitution, the
legislature has all powers not ex-
pressly taken from it by the consti-
tuition, but that the United States
government is peculiar in this, that
when the constitution was framed the
states and the people simply stated
to the national government certain
power enumerated in the constitution.
AS result congress has no powers
except those expressly conferred or
necessarily implied from those con-
| ferred. AS trusts and monopolies of
|
were not in existence at the time Of
the adoption of the constitution no
| specific authority upon the subject
was conferred upon congress and
what power congress has upon that
subject is conferred by that clause
of the constitution which authorizes it
to regulate interstate and foreign
| commerce. Hampered as it was by
this limitation upon its power, this
republican congress in its very first
session passed the Sherman ANTITRUST
law BY the first section of this act it
is provided that every contract or
combination in the form Of trust
or otherwise in restraint of trade or
/ commerce among the several states
or with foreign nations is declared
I illegal, and every person who makes
any such contract or engages in any
such combination is subjected to a
fine of not exceeding $4,000 or i'm
prisonment of one year, or both, in
the discretion of the court. BY the
second section every person who mo-
nopolizes or attempts to monopoliZe
: any part of the trade or commerce
: among the several states or with for
eign nations, is subject to the same
) punishment The third section pro
: vides for the same punishment fol-
anyone who is party to any con
tract combination in restraint o.
|, trade or commerce in any territory q
g the United States or in the Distric
of Columbia, or between any terri
: tory or territories and any state o.
t states, or the District of Columbia
e or foreign nation. or between tn,
: District of Columbia and any state o
l. states or foreign nation. The fourtl
e section provides that the circuit court
n of the United States are vested witt
l. power to enioin violations of the act
J. The sixth section provides that an,
t. property owned under any contract
e or combination and being the subjec
Il thereof, mentioned in section one, be
J. ing in the course Of transportatio
It from one state to another or to fol
Il eign country shall be forfeited to tn
# United States and may be seized an
~ condemned like goods being SINUS
4. gled into the United States. Sectio
n. seven provides that any person il
g Ijured in his business Or property b
9. any other person or corporation b
= reason of anything forbidden in th
~ act may recover threefold. the dan
y ages he has sustainedsk
Surely this act with its provision
for fine Imprisonment, injunction, COZ
fiscation of goods and liability fc
lie triple damages could fairly be said [
IN be radical upon the subject, so ia
o. as the constitutional powers of col
n gress extended.
o. A Democratic Declaration.
~. 1.-TWO years later the democrat
| orfx OF IN,
~ among other things in it's nations
ID platform said: We believe the wor
-, - evils of the trusts and combination
~ which are designed to enable capt
y. to secure more than its just share
- the joint products of capital and lait
~ can be abated by Law. and we dema
~ the strict enforcement or the Law
ii y made to prevent and control them,
~ gether with such further legislation
US restriction of their abuses as expe
~ ence may show to be necessary
by Did Not Garry Out Promise.
lis upon this platform the democrat
is, party elected the president and DO
gu houses of congress, but during L
m four years of this democratic admin
BIS tration no amendments whatever we
ne adopted to the antitrust law as '
,as had framed it, and no effort wort
ng of the name was made for it's enfort
on ment. Again the democratic par
ess went out of power and the republic
es' party returned to power, and notwi
nd standing the great work imposed up
Sty republican administration by the
tge vision of the tariff and the war WI
TIA Spain due consideration was given
Try this great question. Finding that n
the withstanding every effort the evil W
the not being abated in large part at lie;
ire because of the limitations upon
lch powers of congress an amendme
,m- was proposed to the constitution c.
,m- ferring full power upon the subje
all The adoption of an amendment to.
or constitution requires that it rece
to the vote of two-thirds of both hou'
18th of congress and be ratified by
nit. legislatures of three-fourths of
states. When this amendment ca
before the house it received the vo
of 149 republicans and five democra
avs $50 democrats and two republic;
his voted against it. When the annour
on ment was made by the speaker t
ion two-thirds not having voted in the
a. E,,.,+;yo +ba resolution ic disa or