The St. Louis Republic., 1902-12-26

trade between States and only in the regu-
lation of trade between the States can Con-
gresS touch the trusts.
1t is absurd that the name of the late
senator Sherman should be coupled TO .
measure which he cOnspicuously opposed
and refused TO vote for. In 1899 Mr. Sher-
man introduced from the Senate Finance
Committee a bill designed 10 regulate
trusts. but il was clearly unconstitutional
in that it sought to take from the States
their right TO regulate their domestic COM
merce- The bill was referred to the Judi
ciary Committee. of which Senator Ed
munds was chairman and of which | was
a member. The judiciary Committee took
up the question and reported the antitrust
measure, which became law. but which
the Sherman law. When the bill came be-
tore the Senate. Mr.. Sherman opposed it
and. rather than vote for its passage got
up and left the Senate chamber.
EVASION OF ACT OF 1890
This act requires the establishing of
two primary facts in order to make prose-
cuticn of a trust successful. The first is
that the goods are manufactured or pro-
duced by Il combination of capital monopO-
listic in its tendencies and in restraint of
trade, and the. second is that the goods
upon which action is based are in the chan
nels of interstate commerce. The most
prominent Supreme Court decision uEde =,
The The law was in the prosecution, against
brought up from the United States Circuit
Court of New Jersey. In this case the fact
was, was established beyond dispute that the
mat was In restraint of trade. but the
Government failed To prove that any of the
product of this monopoly was sent by il into
the channels of interstate commerce.
The simple subterfuge had been resorted
10 OF selling the goods to a second party
and of having neither responsibility for nor
knowledge of what became of them after
they left the factories Resort to this sub
terfuse. under the Supreme Courts ruling
VIII at any time render the So-Called Shpr-
man law insufficient to cope with trusts
read with interest The Pttsburg speech
claimed to be able TO conduct s,Iccs ssful
prosecutions under these laws The Attor-
ney General may have resources of which
l know nothing. but, as one of the autrOrs
OF the act. do not see how ii can be done.
CONGRESSIONAL AMENDMENT
me only other hope of securing direct
legislation to cure the trust evil is by a
constitutional amendment giving ConsYess
:, larger grant of powers ana i don't he
lieve the States are willing to surrender ro
served rights.
The difficulty. if not the impossihiGity. Of
deSn nnS with trusts through remedial lesis-
reaSonab:e that the wise course would be to
cur off the punishment that has eu;,bIed
thTii Tbis 10 grow , to such ungoyernable size:
people will take of it. and a demand for
such process should be the attitude of the
democratic u party. the determination of the
Rtpuplcan party not to adopt the remedy
beinS apparent. With this for the para
mount mount issue IN lDl. ! confidently believe a
DemocratG DeI,H" ray q PRESIDENT and a democratic
nous !!.E Oh representatives will be elected.
Inc money'quesiion do not believe will
be conspicuous issue in the campaign. The
large production of gold has sufficed To posr-
pom" the inevitable triumph of bimetaIlisrp
The platform should contain a declaration
IN favor of double standard. but no at
tempt should he made TO force the issue
10 the front. Some day there will be an
other great political battle in America he
tween the forces of h;metallism and mon1-
tnetaiism and bimetallism will triumph bur
that day is not now
DEMOCRATIC LEADERSHIP.
AS to who will lead the Democratic nar,,.
TO Its promised victory two years hence no
sale prediction can now be made As the