Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-10-15

cludes impure literature. diseased cattle,
convicts and contract labor. and scrutinizes
movements. In the interest Of all the people,
on grounds of commercial, hygienic or ethi-
cal policy .
who shall set limits now in advance of
carefully framed and judicially tested
law to the competence of Congress to regu-
late commerce in the way suggested in the
exercise of the legislative wisdom and in
the wide discretion confided to 1t?
Who shall say that the power Of Con-
gress does not extend SO far? / think 1t
does. I am quite sure no one can now say
that 1t does not. Every constitutional Ques-
ton is an open one until 1t Is authoritative
ly closed by decision of the Supreme
Court. -. ,........s......,- ..
1.-The President said in his first message
he did not think the authority Of Congress
to protect the people against the evils of the
trusts had been exhausted. The views l
have expressed are but an application of
his.
Public sentiment is sufficiently aroused
and the situation is sufficiently grave to call
for the effort the President Is making to Sc
cure authoritative exposition of existing
laws and suggesting additional ones, to the
end that the public mind shall be set at
rest and these economic questions taken
from the domain Of controversy and uncer-
tainty."
What Administration Is Doing.
Mr. Knox here detailed the facts regard
ing the suits brought by the administra-
ton to restrain alleged illegal monopolies.
He told Of the injunction secured at Chi
cago and Kansas City against fourteen
railroad companies on charges Of making
secret and unlawful agreements. whereby
competition in the grain and meat bust
ness was destroyed. and favored middlemen
were given monopoly. In the case Of the
meat trade Mr.. Knox said the interstate
commerce commission reported to the De-
,,nkt fh4k r{.~ l. -
meat packing concerns. popularity known
as the Beef Trust were in a combination
with one another and with many great rail-
way lines. whereby they secured large Sc
cret concessions in rates for the tranSporta-
ton Of their products which enabled them
to practically monopolize the fresh and
cured meat industry Of the United States.
1.-The efforts Of the commission to stop
rate cutting and all similar ofenses will
be constantly aided by the Department of
Justice and every official under its direc-
ton This nefarious business is to be
stopped II 1t is in the power Of the ad-
ministratfon to stop it.
Coal Com bination In Point.
To illustrate an unreasonable contract, the
Attorney General recalled q notable suit
before the supreme court Of PENNSYLVANIA,
Norris Run Coal Company vs. Barclay Coal
Company. The main question was as to the
validity of a contract between five coal
corporations. by which they divided be-
tween themselves two coal regions Of which
they had the control. The referee, said Mr.
Knox, found that those companies acquired
the power to control the market for btu
minous coal in the northern part of the
state, and their combination was, therefore,
a restraint upon trade.
Mr. Knox concluded:
1.-The question of reasonableness Is thus
one for the courts to determine and It Is
manifest that this doctrine gives play to
just considerations of the freedom and in
volatility Of contracts with proper judicial
safeguards against unconscionable arrange
ments, rightly void as contrary to public
policy The Sherman act is entitled AN act
to protect trade and commerce against un-
lawful restraint ETC., and the able dissent
ing opinion In one Of the leading cases In
the Supreme Court argues from this indica-
ton and other considerations that the re-
straints intended to be stricken of were
only those unreasonable restraints as de-
fined at common law. But the law was au-
thorItatiyely decided to include all re-
straints. whether reasonable or unreasona-
ble Nevertheless. in extending the law it
might be deemed wise by Congress now to
import and impose this distinction dearly"