Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-10-02

to office on the 4th of March, 1889, two
days after the making of this report, it
did not assemble under the constitution
land laws of the United States until
December 1925, when it promptly took
lup this question. 1t must be borne in
mind that in most governments acting
under a constitution, the legislature
has all powers not expressly taken from
it by the constitution: but that the
United States government is peculiar
in this, that when the constitution was
framed. the state and the people simply
coded to the national government Ger
tain powers enumerated in heconstitu-
4 ton. AS a result, congress has no pow
ers except those expressly conferred, or
necessarily implied from those con-
ferred. AS the trusts and monopol;es of
| the character we are now considering
We're not in existence at the time of the
adoption OF the constitution no specific
lauthority upon the subject was confer
red upon congress, and substantially all
the power congress has on that sub
lject is conferred by that clause
/ of the constitution, which au-
thoriZeS 1T to regulate interstate and
4 foreign commerce. Hampered as it was
by this limitation upon its power, this
republican congress in its very first
session passed the Sherman antitrust
law. BY the first section of this act, 1T
lis provided that every contract or COM
ibinatOn in the form of trust or other
1 wise in restraint of trade or commerce
among the several states or with for
egn nations is declared Illegal and
every person who makes any such con-
| tract or engages in any such combina
ton is subject TO fine not exceeding
$4,000 or imprisonment not exceeding
one year. or both. in the discretion of
| the court. BY section two, every per-
son who monopolizes or attempts to
Inonopolize any part of the trade or
commerce among the several states or
with foreign nations is subject to the
same punishment. The third section
provides for the same punishment of
anyone who is q party to any contract,
combination in restraint of 'ttica or
commerce, in any territory of OF Colul..
ed States or in the District9ry or tarli-
bia, or between any territ,ss, or the Dis
tories. ~ any state or sta telsn nation, or
trict of Columbia, or IL OF Columbia or
between the District y foreign nation
any state or states provides that the
The, fourth sectio,-le United States are
ss. . e,u-ts of t.r to en;oin violations
~ Iris act. lie sixth section provides
mat any property owned under any
contract or combination. and being the
supject thereof. mention I'm section one
oeins IN the course of TRANSPORTATION
| iioii one state to another or to n for
| Slsn country. Shall be forfeited To tha
oii.ed states, and may be seized and
condemned like goods being smuyglea
ihto lhe Uplted States. Section seven
l'io.iodes ohat any person injured in his
BUSINESS or property by any other bns-
.isss or corporation by reason of any
.ilills forbidden in the act, NAV recover
.hiee Iold the damages he has sus-
tanned sus-
surely this act, with it's provisions
.oi me- imprisonment Injunction. con-
.'ssition OF goods and liability for
,iipie damages could fairly be said n
pe radical upon the subject. so far as
ne constitutional powers OF ton.,rass,
extended. ess
NO years later. the democratic party
met IN national convention and .n,a,..
oe.'er Things in it's national nlatfnrn, {
said: piaeiorm |,
neiieve the worst evils of tho
trusts and combina tions which ,ra S
signed 70 enable capital to secure move j
enail us just share of the joint nrodno,s /
- api'al ana labor can be abated nv a
aW' ana we demand the strict anfore,
asa " .he laws made to prevent and G
I, oii'rol them. together with sucb en- S
,ler legislation in restriction Of tbai,. Q
$3.50. s' as experience may show to be q
lecessary.'' ~ - II
tl,;., l
pom TINS platform the democratic
'aIly erected the president and botn "
looses u congress, but during the four 9
sai u TINS democratic administration g
y aiileIldlnents Whatever were adopted W
- 80 an' itrust law as we had framed ~
= "iiu 10 elfort worthy of the name
'as made for its enforcement Apain sy
~ ueiliocFatlc party went out of pow 81
:, ana the republican party returned pl
Y. po"ei ana Notwithstanding the great -
lork imposed upon a republican adj la
nn1stration by the revision OF. the tar;ff SO
nd the war with Spain, due considera- VI
on was given this great question in
hiding that notwithstanding every az
'rt the evil was not being abated. in
rye part at least because of the limi-
-llohs upon the powers of congress an In
nendment was proposed to the con
ltutlon comforting full power upon the
lbJect. The adoption of an amend 10
ent 70 the constitution requires the m;
ne OF two-thirds of both houses of 10,
ngress and be ratified by the legisla- tol
res of three-fourths Of the states m:
hen this amendment came before the tn;
use 1t received the votes of 149 re- ac,
orleans and five democrats; 1870 dem du
rats and two republicans voted SUI,
alnst 1t. When the announcement tiv
IS made by the speaker that two tie
lrds not having voted in the affirma- i
e. the resolution is disagreed TO- the Jof
ord shows that there was appanse Ind
the democratic side. We are there at
e confronted by political partv anc
llch, when this question first came per
lore congress. declared the number tat
these combinations was very large Me
growing so fast 1T was useless To adr
.alog them. and that it was unable To \
rec upon any measure in restraint of adm
,se institutions, and recommended flo,
u the matter be referred to the suc- -
'dlng republican congress, which was
lie. Attire this republican congress
acted, this opposition party de-
red that it was in favor of the rigid
q M ayt So.