The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1903-01-22
ANTT-TRrST STATTrrs.

ANTITRUST STATUTES.
II is conceded that the decision OF tho
supreme court Of the United states In
what is known as the Illinois case. has
practically uullihed 90 say the least a.
portion NJ orr antitrust laws There is p
coptrarioty Of opinion as to the full extent
to which it affects our previous legislation
upon this subject IT. being believed by
many Of our able lawyers that our statute
passed in 1899 Is atlll In effect while others
maintain that it Is no longer operative.
The consensus 81 opinion seems 20 he that
ouf legislation Of 1859 and 1875. relating
10 trusts. is no longer valid and enforce
able
Ia the absence Of some authoritative AMI
final judicial determination Ey. the Federal
court % last resort concerning the con.
sututionaliiy Of our act Of 1890, we can
not afford 10 leave this matter ia any In.
certtude, and hence II seems essential
that we should ro-cnuct our statutes " 1889
and 1880 or add so much thereof ae may
bo necessary to that of 1851. omlttmr any
provisions that would come within the in
hibiton defined by The supreme court In
The casc to which reference has been made.
In addition. IL is respectfully suggested
lhdl thtI' must ne some way whereby Tho
Federation of corporations In restraint OF
trade ana wrongful consultations of com
peting properties can bc prevented rhe
State must have the power TO protect H.
self against the abuses of the privileges IL
grants There must be plain Jaw aud
pain sense enough to deal with corpol-
ate abuses, abuses, which, If allowed "a
thrive and become general, must inevit-
ably lead to the oppression of the people
aud ultimately to the subyersion OF their
political rights. There can be no im-
munity to evasion Of the policy OF the state
by its own creations
'ro create one corporation for the ex-
press purpose Of enabling It to control all
the corporations engaged In certain kind
of business, aud particularly a business "
q public character, is not only opposed to
the public policy of the State, but Is IN
contravention of the spirit II not the let
ter Of the constitution. To cre8te one cor.
poration that II may destroy the energies
Of ali other corporations Of given kind
and suck the very life blood out of them
is not a lawful purpose
AS corporate grants are always as.
sumed 10 have been made for the public
benefit any conduct which destroys their
normal functions and mains aud crippes
their separate activity, and takes away
their free and independent action, must 80
far disappoint the purpose Of their creation
ms 10 Offset unfavorahly the public inter-
ests and that to n much greater extent
when beyond their own several aggregaions
of capital they compact them all into ono
combination, which dominates the range ~
an entire Industry. II is not q sufficient an
sNer 10 say that similar results may be
lawfully accomplished. that an individual
having the necessary wealth might have
bought all these properties and manned
rhem with his own chosen agents ana
managed them ms a group at his SOVEREIGN
will: for II ls Que thing for the state 10
respect the rights OF ownership and nro-
tect them ont Of regard 10 the usness
freedom ~ the citizen, and quite apotner
thing 10 add n that possibility furthff
extension Of those consequences by Great
tn0 artificial pprsons 10 aid M producing
such argregatinns The individuals are rev
who hold IN possession such enormous
wealth and fewer sim who perll y az W
n manufacturing enterprise: but II 'orpor-
= lions can combine and mass their forces
IN solid trust or partnership WIZ w"
added risk 10 the capital alrpadY emharhrl'
without limit To Tho magnitude or inc as'
ersratlon temptinr and easy fohn N
open to enormous combinations IaSlN y,
rapilug I'm number and IN strength and IN
their own rover over industry and nos
hilitIes of individual ownership; ana mo
Stnte nv the creation ~ the arilnrlhl p"f
sons conFtitutinr the clements ~ inc coln'
Mutation. and falling 20 limit and restrain
tboir movers. becomes ltsolf the resnonsihla
crentor. fhe voluntary cause OF an rcFreeil
lion ~ cauifal which 81 sinnly endrres ~
an indivfdral as the D"oduct OF MS rec
agency. What n may hear is one thinF'
what I should cause and create IS quito ave
other"
ILLEGAL COMBINATIONS
Ybaya quoted above the language OF greh'
4rrtsts IN sdiudieatea cases. ans that what
tber saw Is sound IN legal philosophy a.
well az wise IN public policy, must he ap
nsrAnt 70 every candid mind Our people
ssv IN no uncertain terms that they are
ronnosed 20 trusts. mergers ana other com,