Omaha daily bee., 1902-10-15
TALKS ON TRUSTS
Continued from First Pase.)

Continued from First Page.)
meaning. In the light g such statements;
of the United States. feeling the pressure
of ~undoubted evils, are nevertheless totally
powerless? Is it true that although they
know with growing certainty the nature
of the wrong and are seeking a remedy,
the constitution AK. Il stands does not per-
to that charter is first necessary; that
the power of congress does not now eX-
tend over d%etriments injIring the entire
body of citizens in their most vital CON
Germs because these detriments originate
In the ~states-although the states In the
aggregate. and by the cooperation which
is essential. do nothing effective to remove
them? | do not believe that we find our
selves so helpless. When the currents
state lines and cover the country, not
only entering but largely filling the cham
nels of interstate and foreign. trade. II will
not, do to. say that the evil Is beyond the
national reach, and that because the first
step which may lead TO the evil Is produc.
ton. which must have a fixed situs within
a state, the states alone may deal with IL.
Congress Has Power.
effective throughout the situation, we come
to the final alternative; May not congress,
under the existing constitutional grants,
amend and extend the.law, and thus remedy
it's defects and so effectively regulate ma
tiOnal and foreign commerce as 10 pre-
vent the sitting of competition, the regulat-
INK VI bul dHu DIltts dla. LIT
of national and international trade? II
the answer to this question should be in the
affirmative, a second question follows: How
might congress so amend the present law?
/ do not scruple to say that in my judg-
ment the more thoughtful mind reflects
on the first question. the more unhesitat-
turned.
The extent to which legislative control
over commercial activities should be ex-
ercised IT,. of course, a question for, legis,
lative wisdom. We have the experience of
the other nations to guide us in determine
ing how far the delicate and mysterious
rules of trade can be interfered with by
positive statutes without injury. That ex-
p~erience teaches us that the least iuterfsn-
ence consistent with the preservation of
essential rights should exist. Arbitrary
regulations that restrain free intercourse
are usually found to be unwise.
Primarily 1t is, for the congress to decide
whether II has the power and whether and
to what extent II will execute it-what
character of restraints, whether all or
those only which are unreasonable and in
furious shall fall under the ban, whether
legislation in the first instance should ex-
tend to all or only to
In articles of vital Importance to the .peo-
pie. The time never was when the Eng
disappearing people permitted the articais
necessary for their existence to be mon
opolizd or controlled, and all devices 10
that end found condemnation I'm the body
of their laws. The great English Judges
pronounced that such manifestations OF
human avarice required no statute to de-
clare their unlawfulhess, that they were
crimes against common law-that Is
against common right. vs
IL is difficult to improve upon the great
unwritten code known as the common law
Under its %salutary guarantees and restraints
the Notwithstanding people have attained
their wealth and power. 1t condemns
t mSdepS Ss w snu TTThn e (, stipn mSres' baweve Of
between restraints that are responsible In
view of all the circumstances and those
which are unreasonable, is recognized and
has been followed in this country by the
courts.