Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-08
PUBLIC MIND EASED
Principal Benefit Of Recent
Trust Legislation.
VIEW OF MR.. JENKINS
LEGAL LEADER OF THE HOUSE
DISCUSSES NEW LAW.
Sees More Good to Be Gained From
the Anti-Rebate Measure-Reief
for the Shipper.

| lief consider to be the principal beneficial
| effect of that legislation
| This is the view of Representative John j.
| Jenkins, who, by reason of being chairman
Of the judiciary committee. is the recognized
| legal leader of the House of Representa-
| tives.
From the standpoint of practical results
| Mr.. Jenkins sees more good in the anti-re-
| bate law than in any other of the new
trust-restricting measures. This law, fav-
| ored in Congress it was by the railroads
| themselves, is an assurance to the shipper
| that the days of rate discrimination are
over and he is to get equal treatment with
his business competitor
This law prohibits the granting of rail-
road passes or free transportation, accord
! ing to Mr.. Jenkins interpretatio 1T says
| that no discrimination shall be made or
favors granted" he remarked, "and the
giving of free transportation to a shipper
who may desire to go to New York to buy
goods is certainly a discrimination in his
| favor. A violation of this feature of the
| law would undoubtedly be hard to detect
but the roads asked for the law and will un-
doubtedly observe this and all other provi-
sions. A request for pass will hereafter
be met with the statement that should the
transportation be granted the road grant
ing it will be liable to fine of $1,000. This
may illustrate one instance why the roads
were in favor of the Elkins anti-rebate bill.
A New Antitrust Bureau.
Another feature of the winters anti
trust legislation continued Mr.. Jenkins.
which is a proper and necessary advance,
is the strengthening of the Attorney Cen
/ erals hands by the half lf-million-dollar ap-
propriation This has resulted In the es-
tablishment of new bureau in the Depart
ment of Justice, a bureau which can de-
vote itself exclusively to matters pertain
ing to trusts. This bureau consists of an
assistant attorney general an assistant to
him and two specially trained clerks. 1t
can be readily seen that with this machin-
cry devoted exclusively to this one ques
ton, keeping in touch with every phase of
corporation litigation, the disadvantages
complained of heretofore in the lack of
trained legal talent to represent the gov
ernment in its suits against the trusts
will be obviated
Expediting Antitrust Suits.
THE authority given the Attorney Cen
eral to expedite suits against the trusts
before the courts is also another very
valuable legislative addition to his pow
ers, which was made by the last session
of Congress. The speedy action of the
Minnesota courts in the Northern Securi-
ties Company case is perhaps the best ex-
am pie of the efficacy of this legislation that
can be furnished. There is no question
that 1t would have been at least two years
before this decision would have been rem
dered had it not been for this new provi-
sion of law.
The Attorney General is given great
power under It, He can order the conven-
ing of a court to hear case, and can
prolong it's session until a decision is rem
dered The provision applies also to the
Supreme Court of the United States, so far
as moving case up to the head Of the
calendar is concerned. The sessions of the
Supreme Court, however, are fixed by law
and the new provision will not effect
change in this respect"
Department Of Commerce.
Just what will be the effect on the trusts
of the operation of the bureaus of corpo-
rations and manufactures of the Depart
ment of Commerce and Labor Mr.. Jenkins
cannot predict 1.-The question of the for
nation of.these bureaus was not considered
from a legal standpoint in the House"
he remarked. They were never the sub
ject of discussion by the judiciary commit
tee, the bill creating the new department
came from the commerce committee. While
it is hard to tell what will be the out
come of the operation of these bureaus
and particularly that Of the bureau of
corpora tons, there is little doubt that the
exercise of the latter's functions will be
tested in the courts. 1t can readily be
seen that a corporation created under a
state law might resent tUe VI
the federal authority on constitutional
grounds. All of these questions must neces-
sarily depend on the line of inquiry decided
on by the new bureau.
TT is easy to figure out how corpora
ton engaging in interstate commerce might
avoid disclosing the extent of Its business
if it so desired. 1t might do all or this
business by selling its product to an 1ndi-
vidual in its own state this individual to
do the selling in other states This would
not be an impossible or d1f1cult method OF
doing business, and would entirely aVold
disclosures to the federal authorities II
the corporation deemed it advisable to
avoid such disclosures.
Renresentatiye Jenkins does not believe
that it is the province OF the 1ederal gov
ernment to place restrictions on commerce
between the states He quotes Madison as
saying that the federal duty in this respect
is to make commerce absolutely free be-
tween the states. There should be no re-
strictions or hindrances to it.
The Merger Decision.
In discussing the merger decision, Mr..
Jenkins advanced the theory that If the
agreement which constituted the Northern
Securities Company had made no stipula-
tions which might be construed as a re-
straint upon interstate commerce it would
have withstood the federal courts He said
he was not familiar with the precise terms
of the contract creating the merger Of the
two roads involved, but he was of opinion
that a contract which would bring them
under one management might be drawn
which would not be a violation of the inter-
state commerce law on the ground that 1t
was made in restraint of trade.
No Relief From the Coal Combine.
In all of the legislation of the winter Mr..
Jenkins sees no way for the government to
effectually place a restraining hand on the
great coal combine of the anthracite region
He maintains with renewed emphasis that
his proposition for congressional investi-
CATION Of the Coal combine. SHOULD have
been made for the purpose Of ascertaindng
whether q conspiracy did not. exist, in
which event the government should have
taken the mines and operated them. There
is absolutely no doubt in the mind Of Mr..
Jenkins of the constitutional authority for
such course. and should 1t be followed In
such aggravating cases as was the coal
combination last winter he believes the re-
suit would be highly efiicacious.