The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1903-02-27
TRUSTS AND LOTT FRI Els.

The following able article is from
the Sun of Wednesday last:
The decision of the Supreme Court
of the United States in the Champion
lottery case seems to have direct
bearing on legislation to regulate the
trusts. In 1895 law was enacted by
Congress prohibiting the transporta-
ton of lottery tickets from one State
to another, ny express or otherwise.
Last Monday the Supreme Court, in
an opinion delivered by Justice Har-
Ian, decided that the act was consti-
tutional "The carrying from State
to State lottery tickets constitutes
interstate commerce." declares Justice
Harlan, "and the regulation of such
commerce is within the power Of Con,
gress under the Constitution.
HCongress has the power to pro
hibit the transportation OF lottery
tickets, which are defined as PARTICLES
of commerce." from one S ate TO an
other, by express or otherwise" has
it also the power to forbid common
carriers to transport articles made or
controlled by unlawful monopolies
from State to State? Can it, by such
a prohibition, deny to trusts which
may monopolze the production or sale
Of certain articles the use of the Gin
strumentalities OF interstate commerce"
for the transportation of such articles
from State to State? So good an
authority as Senator Hoar, of Massa-
chusetts, held that an act of Congress
corporations conducted in
violation of the Sherman Antitrust
law of the right to engage in inter-
state commerce would be constitution
a.. Mr.. Hoar framed bill cort in
ing q provision to this effect, but it
was not received with favor by the
Senate. The Littlefield bill, which
was passed by unanimous vote in
the House Of Representatives, contain
ed a similar provision. That bill las
been "sidetracked' in the Senate be-
cause it was considered Of doubtful
constitutionality." But, in the light
of the Supreme Courts decision in the
the lottery case, its constitutionality
does not appear to be so doubtful
after ALL The Court, it is true, in its
decision in the lottery case, disclaims
any intention "to lay down rule for
determining in advance the validity of
every statute that may be enacted
under the commerce CLAUSE "t the
Constitution. Bat justice u.r.au 5
reasoning apparently jnstfi's the con-
clusion that if Congress has the con-
stitutional power to prohibit the trans
portation OF lottery tickets its also has
the power 70 prohibit tie tran-por-
tation of articles manufactured and
controlled by corporations which vio-
late the Sherman antitrust ac*.
The dissenting opinion Of the min
ority of the court was delivered by
Chief Justice Fuller. He held that
the act of Congress of 1895 was not
valid sunless the power of Congress
to regulate interstate commerce in
cludes the absolute and exclusive
power to prohibit the transportation
of anything or anybody from one State
to another" The Chief Justice main
tains that "the right Of passage of
person and property from one State to
another cannot be prohibited by Con
CESS" In his view ''the scope of the
commerce clause Of the Constitution
cannot be enlarged because of present
views of public interest," 1t is plain,
from the Chief Justices reasoning
that he regards the majority opinion
of the court as a recognition of the
plenary authority Of Congress to pro
hibit the transportation Of articles
prescribed by the y .tiona' Legislature.
"Whatever," Said Justice II .rlan
quoting from the o,ininn Of the Court
in another case, may he our views as
to the d.leterious or danycrou, quail.
ties OF particular ar'irE''s, W. canno'
hold that airy articles which Congress
recognizes as subjects of interstate
commerce are not SUCH
1t has been contend,d in official
quarters that it might be impossible
for the National Government to con.
troll the corporations described as
trusts without an amendment to the
Constitution. If, However, the deci-
sion of the Supreme Court in the lot.
terry case establishes the right of Con
gress to control the transmission OF
trust madc goods from State to State
it does not appear that an amendment
is required. The passage of the Hoar-
Littlefield bill would give the Govern,
ment a powerful weapon with which
to curb the trusts. The d, cision OF
thu Snnro,no Cnnrt lnau Iara far