The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1902-10-29
KNOX ON TRUST PROBLEM
The At'orney-GeueraI Suggests a
Constitutional Remedy.
DECENTRALIZATION CHIEF EVIL

He Believes fha, Congress Might Amend
and Extend tho Intsr- State cornrasrcs
Law So ~ 70 Control Com binati"ns-
Trust Msnae. Not Beyond the National
Reaeh-Scope OF Federal Power.
Pittsburg. Pa. - Attorney General
Knox addressed the members OF The
Chamber Of Commerce ut the Hotel
Schenley here. There were 100 guests
present. The subject OF his address
was The Commerce Clause OF tie
Constitution and the Trusts" Mr..
Knox spoke In part as follows:
The conspicuous noxious features OF
trusts existent and possible are these:
Overcapitalizatiop. lack Of publicity OF
operation. discrimination in prices to
destroy competition. insufficient per-
sonal responsibility Of officers and di-
rectors for corporate management. ten
dency to monopoly and lack OF appre'
citation in their management Of their
relations to the people. for whose ben
eft they are permitted to exist. Over.
Capitalization Is the chief OF these ana
the source from which the minor ones
dow. Corporations and joint stock or
other associations depending upon any
statutory law for their existence or
privileges, trading beyond their own
States. should be required to do busi-
ness In every State and locality upon
precisely the same terms and condl'
tions. There should be no discrimina.
tion In prices: no preferences In serr-
ice. Such corporations serving tile
public as carriers and in similar capa-
cities should be compelled to keep the
avenues Of commerce free and open TO
all upon the same terms and to observe
the law rs to Its injunctions. against
sliding competition. Moreover. corpor.
ations upon which the people depend
for the necessaries Of life should be re.
uuired 10 conduct their business so rs
regularly and reasonably to supply the
public needs.
They should he subject to visitorlaI
supervision. and full and accurate in.
formation as to their operations should
be made regularly ut reasonable inter
walls. Secrecy in the conduct aud re-
suits Of operation is unfair to the noI'
managing stockholders, and should. 20
we'll for reasons Of state. be prohibited
by law.
The Constitution provides (Section 8.
Article ILL., The Congress shall have
power ito regulate commerce with for.
eign nations aud among the several
States and with the Indian tribes"
Congress July .. 1901 enacted that
every contract. combination In the
form of a trust or otherwise. or con.
spiracy In restraint OF trade or com.
merce among the several States. Is He
gal, providing punlshments and confer.
ring Jurisdiction upon Federal Circuit
Courts to prevent and restrain viola.
tions Of the act.
Jefferson. in his letter OF March 10.
1889. to Madison. says OF the Constr
tuition: This instrument forms Us into
one State as to certain objects and
gives us a legislative and executive
body for those objects"
One hundred years later the Supreme
Court Of the United States declared
that In the matter Of interstate com.
merce the United States are but one
country, and are and must he subject
to one system of regulations. and not
to multitude of systems"
In the light Of such statements. can
II be possible that the people OF rue
United States. feeling the pressure OF
undoubted evils. are nevertheless total
~ powerless?
Conceding that the present law is
not effective throughout the situation.
we come to a final alternative: May
not Congress. under the existing Con.
stltutional grants, amend and extend
the law. and thus remedy It's defects
and so effectively regulate National
and foreign commerce AZ to me'
cent the sitting of competition, the reg.
ulating of output and price. and the re.
straining Of National and international
trade? II the answer to this question
should be In the affirmative. second
question follows: How might Con.
gress so amend the present law? {:
I do not scruple to say that in my
Judgment the more a thoughtful mind
reflects on the first question. the more
unhesitntingly will an affirmative an.
swer be returned.
Ny whole purpose in what I have
said Is to challenge the proposition
that we are hopelessly helpless under
our system Of government to deal with
serious problems which confront us
In respect to our greatest interests.
Since the radical questions Of human
rights and human governments have
been settled. the production. preserva.
tion and distribution Of wealth receive
the chief attention Of civilized peoples.
Primarily II Is for the Congress to
decide whether It has the power AMI
whether and to what extent it will
execute it-what character Of re-.
straints. whether all or those only
which are unreasonable and injurious
should fall under the ban. whether
Legislation in the first interest should
extend to all commerce or only to com.
merce in articles Of vital Importance to
the people. The time never was when
the English-speaking people permitted
the articles necessary for their exist
ence TO be nonopolized or controlled.
and all devices to that end found con-
demnation in the body of their laws.
The great English Judges pronounced
that such manifestations Of human av.
arlce required no statute to declare
their unlawfuluess. that they were
crimes against common law-that Is,
against common right.
Dying. Engineer stuck to Throttle.
When approaching Sioux Falls, s. n.