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

certainty the nature Ci the niOES 80 !
are seeking O remedy, the constitution as
n stands does not permit them TO pursue
II: that amendment TO that chafter Is
first necessary; that the power OF congress
does not now extend over detrlmCntS IN
juring the entire body OF citizehs IN 1heii
ments originate In the states.aithc =,
the states In the aggregate, ana by tuS
cooperation which Is essential, GO : TN
Ing effective to re anS ou 1ns ss 10 b ~
less When the currents OF 49, 10y
evil obviously fow out over si..r Lnes
and cover the country, not only entering
but largely SLING the channels mel r OF d h'T 70
say that the evil is beyond the national
reach, and that because the hrst step
which may lead to the evil Is productron,
which must have a fixed situs within a
state, the states alone may deal with 1t.
II the states are a nation 1or some
purposes, as Jefferson said, with iull reg
islative and executive power and e1ciu =
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 e1
eeutive under It's authority are PoWerless
and must sit Idly by and see the chan.
nels of interstate commerce made use or
to the injury Of the people by monopons-
tie combinations
Power Resides Somewhere.
Plainly the power must reside some:
where, either IN the nation or In the states
reservations; but the efect of present
the state saying, Some Of US do and some
Of us do not approve or permit monopolls-
tic production; that Is our concern, put
when the products cross our Dorders the
problem passes beyond US and becomes a
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 mere
i,,,I, fnfn yuif
and that Is a state matter which | may
not touch. And so the natt0IN and local
soyereignties 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
broad and absolute; 1t has dYlned TINS
commerce in language which Is inclusive
exchange, and trade; it has merely said
that production, under an initial Phase
OF modern consultations which primarily,
at least, regards production alone, Is NOT
said that the court has gone beyond this
point
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 its defects and so effectively
regulate national and foreign commerce ti.,r
the regulating Of outDut and price, and
the restraining Of national and interna-
tional trade? II the answer to this ques-
tion should should be In the atilrma nIab;
congress so amend the present law?
I do not scruple to say that In my
judgment the more a thoughtful mind re
nects on the first question, the more un:
hesltatingly will an Affirmative answer
That regulation by congress In this way
would indirectly or remotely anect pro.
duction would be no bar. The v1y point
solidated scheme Of production might lead
to commerce, or might indirectly or re-
motely affect commerce: but did not for
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 81 articles
deemed injurious to the general welfare
thus the laws subject the movement OF
explosives to safeguards and burdens, ab,
soluteiy excludes impure literature anu
diseased cattle, conTicts and contract Ia
Dor, and scrulinlZes and prevents Ut
checks many foreign and interstate move
menIs, throughout the entire held OF In
ternutional ana national intercourse, III
the interest. OF all the people, on GROUNDS
or commercial, hygienic or ethical policy.
Who Shuli set IILnltS now, III aufaLSe
OF a carefully framed anu Judictdtiy testeu
law, to the competence ot congress 10
regulate commerce IN the way suggested
in the exercise vi the legislative WISDOM
and in the wide discretion conn0ed 10 IL!
Who shall say that the power OF congress
does not extend 80 TAR! l think II iuoes.
1 am quite sure no one can now Say Inal-
1t does not.
Every constitutional question Is an open
one until IL is autnoritatiyely closed ny
Il decision of the supreme court.
n .t.l. H.
he cid not THINK the authority OF congress
to protect Inc people against the evils
OF the trusts had Deen exhausted. Ane
views | have expressed urc but an ampA-
tcation OF MS.
Public sentiment is sufficiently aroused
and me situation is sufnc.ently grave TO
cali Tor tue cnurt the prcsiuent Is making
10 secure all authoritative exposition OF
existing laws, ana suggesting additional
ones ~ The cad that tue puDIIc mind shall
uc set at lest ana u.Cse economic queS-
lIons taken IRON The uOIDain or contro-
,erSI and uncertainty.
lII. .NuON here described recent SultS
UIouenl ~! tnv EO,NininCnt ANA took &c.
CIs.ou to say the aun. nlsuatIon would
stop raiLDau rate cutting, II IN It's power
10 40 SO. lie IurtnCr sad IN part:
Here, then, aIc 1Our phases OF the at
lack Oh CU.nainItiUuS in restraint or trade
,Iu cumaIc.cG-tne la.L. oau injunction
suits, tie cotton pOOt cases, the Dtei
trust casts AM tne Northern SecurllleS
ease. me IL SI ICIultS " lIlt luOuTJpOIS
produced 10y secret and preferential rates
Ior railroad transportation; Inc second 10
t;tlllOad Irat.c TUulily: the third to
cul..biudtiuu OF ImueprndenU corporations
~ ia and maintain cXvDrtlonate prices Tor
meats; and tie fourth 10 corporation
organized to merge INTO itself the control
uf parallel ana competing lines Of rail-
rOau and eliminate competition In their
rates Of Transportation.
here aI:,r...s l., be 10 doubt Of the
facts as sci UIt III the bills filed in these
various c.iScS Inc contributions pro-
ceedCd against are III SOmc RESPECTS diff
fcrcuJ from those COnS.GrICG lii C.ScS that
have been dcCiutd bY the suprcLA court,
and * Is &I.d 10y their organizers that
they have avoided the prohibitions of the
antitrust law. The department Of JUS
ace, being Of opinion that they are each
in Violation Of that law. found II to be
lis manIivsi duty To 40 advise the prcSi-
dent. with the result which is known TO
ull.
Question For Legislative Wisdom.
The extent To which Legislative control
over commercial activities should be eXer-
ci>cd is. OF course. a question FOR legiSla-
tive wisdom. We have the experience Of
the other nations 10 guide us in dctermin-
Ing how far the delicate and mysterious
rules Of trade can be interfcred with by
positive statutes without injury. That
rNurrience teaches Us that the least II
tcrfe;, nee consistent with the preServa-
ti,u i,f ,S>t.lI.u rights should exist. Ar