Omaha daily bee., 1903-03-02
y %z rgres' Has Zone During the Last
~. II Thee Month.
CONTRoS n EQUATION OF COMMERCE
Creation ofS et Position which
VIII Have rye of the Busi-
ness Interests of the COuu-
try at Large.
CFrom a stan Correspondent

to adjourn? Rush answer"
There are a great many people in this
country, including managing editors OF i'm
portant newspapers. who do not know or
who fail to remember that under the law
the final session Of every congress mus,
adjourn sine die at the close Of the legisla-
tive day Of March 3. This means. invaria-
bly,, at noon on March OF each odd num-
bered year. The final session Of the Fifty
seventh congress will adjourn on Wednes-
day next at noon. It will have left a vast
mass of bills, probably upward of 10000
uRacted upon at that time, but the short
session will nevertheless be notable for
the great amount of Legislative work ac-
complished DUNG the last three months.
Because there are a few days more stin
remaining in which bills may be rushed
through one or both houses, IL is impossi-
BILE at this time to say accurately just what
has been accomplished. But the short ses-
sion OF this expiring congress has enacted
no less than four laws directly aimed at
trusts. which have been the prime objects
Of attack for several years past. The first
of the four has for its purpose the eX-
pediting of the hearing and determination
of suits in equity now pending or which
may be brought in the future under any
laws now in force, or that may be here
after enacted, upon the certificate of the
attorney general that the case is Of gen.
eral public Importance. The second act
directly related to antitrust legislation is
clause in the general deficiency bill au-
thorizing the president to appoint an as
sistant attorney general at a salary OF
81 900 and another at s., 900 a year, and also
authorizing the attorney general to ap-
point two confidential clerks without refer
ence to the Civil Service commission at
salaries Of 81, 600 a year each. These new
officials are directed to perform such tasks
as may be assigned to them by the attor>
ney general, and 1t is of course UNDER
stood that their duties shall consist mainly
in looking especially after the enforcement
Of antitrust laws
Funds and Machinery.
For the first tims the chief law officers
OF the government are therefore provided
with the necessary funds and machinery
for enforcing the observance of the laws to
| regulate commerce and to protect the busl-
| ness interests Of the country against un-
lawful restraints and mono poles. This law
generally known as the Sherman anti trust
law because the bill which led up to 1t
was originally introduced by the late John
Sherman OF Ohio, then chairman of the
| finance committee Of the senate. The So
! called Sherman law was reported from the
| Ohio Statesman's committee with a favor
| able recommendation, but 1t was subse-
quently referred to the committee on the
| judiciary, over which former Senator Ed
munds presided, and It was a substitute,
resembling the original in but few par
| ticulars, that was finally reported back By
/ the senator from Vermont and subsequently
! passed by both houses. In a letter written
a short time ago referring to this act, Mr..
Edmunds says that the judiciary committee
was at that time Unanimously Of the opin-
ion that the bill it reported was in respect
Of its general scope an exercise OF the
whole constitutional power II congress,
! which could only legislate for the freedom
| and regulation of commerce with foreign
nations and among the several states" He
adds, "and l am of the same opinion still"
He then says THE only difficulty with
the bill we reported and which became
| law was the want of administration, that
is to say, that the law was and is entirely
| capable of putting an end to so-called
trusts and such combinations as Interfere
| with OF restrain commerce among the
| states, etc, il the officers of the govern
ment having charge Of the enforcement OF
the law understand their duty and are will
ing to do 1t, being of course, supplied with
sufficient means to put it in force" In
| conclusion, he says; What is needed is
not. so much, more legislation as competent
and earnest administration of the laws that
exist. l have no doubt that the present
attorney general and his very able assist
ants will find easy means, II supplied Will
the necessary funds, TO arrest the progress
and undo the mischievous work OF such
great and injurious combinations as have
| so ovfe
New Cabinet once.
The act TO establish the Department o,
Commerce and Labor also creates a bureau
which will have It's effect upon trusts. Thl.
is the bureau OF corporations, over whicl
James r. Garfield, son of the martyret
president, has been appointed to preside
Under the act authority is given to th,
commissioner of corporations to make in
vestigation into the organization, conduc
and management of the business Of am
! corporation, joint stock company or cor
porate combination engaged in commerc,
among the states or with foreign nations
except railroads and other common car
riers.
The information and data gathered is fo
the purpose Of enabling the president L
recommend to eongres such legislation 70
1
deemed desirable under the circumstances
. The commissioner, in order that he may b.
able to carry on his Investigations, is giveI
| power similar to those held by the Inter
state Commerce commission, including tn
right to subpoena and compel the attend
ance and testimony OF witnesses and tn
production of documents and also TO ad
minister oaths. The act. however, does no
interfere in any way With the business o
private individuals. nor does IL organic
an investigation into their affairs.
D Against Railroad Rebates.
The fourth of the acts affecting trust
enacted during this short session OF con
gress Is that known as the Elkins anti
, rebate act. Its object is to prevent undu
Determinations In the way of rebates an
: makes the recipients Of such rebates a
well as the giveT subject to a fne OF fror
81 900 to $4,000 for each ofenso.
The enforcement Of this law is entruste
to the Interstate Commerce commission
Members of that body declare their belle
: that in substituting hnes for Imprisonment
e as penalty fur violations Of the Intersta1
4 Commerce act will enable the commissio
to secure convictions In many cases wher
. such convictions would be impossible
Continued on Fifth PageD