The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-01-06
CountTy's Commerce Must
Not Suffer From Panic to
Meet Industrial Problem
in Adequate Manner.
will Supply Most of the
Gaps Which Were Left
Open by the Sherman
Restrictive Law.

by the other we adopted a remedy for
the existing evil totally different from
that ne had thought of OF proposed.
SHERMAN LAW DID MORE
THAN TRAINERS HOPED
The law Of 1890 has accomplished
more. I believe. than was expected Of
if when it was passed. We undertook
by law to cIothe the courts with the
power and impose on them and the De-
partment Of Justice the duty Of prevent
ing all combinations in restraint Of
trade It was believed that the phrase
in restraint Of trade had a technical
and weII-understood meaning in the
law.
We were disappointed in one particu-
lar. The court by one majority. and
against the very earnest and emphatic
diss Mt Of some of its great lawyers,
declined to give technical meaning
and held in one important case that if
trade were restrained by an agreement
it was no matter whether II we're in
juTi0usly restrained or no
We did not put into our bill the
words 'unla0fU1ly anc improperly re
strained because We were afraid It
would be objected that we were giving
the court legislative power TO declare
what was improper. We supposed the
court would interpret the law, and that
these things which had been by the es-
tablished and recognized law held to be
contrary to public policy, like oppres-
sive agreements, agreements clearly
wicked, though not prohibited by exist
ing law. agreements which were to de
stroy the purposes for which the ag-
gregate powers had been created. would
be held to be within it's prohibition We
supposed that that phrase would be con
strUed by the court in a manner like
that il which the analogous term con
sTiracy' had been construed A con
spiracy is not held TO be every agree
nent or combining together; but con
spiracy is held to be the combining to-
gether Of two OF more persons to do an
unlawful act by lawful means or to do
a lawful act by unlawful means.
But, Mr. President. In spite of that
disappointment. the measure has, in my
opinion, accomplished all. and more.
than It's friends expected The Attorney
Generals speech at Pittsburg. with
which all Senators are familiar. shows
part only OF what has been achieved.
ATTORNEY GENERAL HAS
RFTT Fiji OE CCATpc
He tells US what the Government has
already accomplished
1T has destroyed the combination
known as the Addystone Pipe Combina-
tion, upon the ground that it was a con
spiracy among independent producers of
pipe 10 restrain it's sale and distribution
among the States. He has also broken
up continuation OF the six largest meat
packing concerns in this country. known
as the beef trust, who were IN com
binatiou with each other and with many
great railway lines, whereby they secur-
ed large secret concessions in rates for
the transportation OF their products
which enabled them practically to no
noPcIize the fresh and cured meat indus
Try OF the United states. He has brought
fourteen suits in equity against a com
binatiOn of railroads, and got fnjunc-
tions which are stiII in force. restraining
them from making any rebate or grant
ing any preference whatever to any
shipper He has also broken up pool
ing arrangement between the Southern
railroads. which denied the right of per
sons interested in The cotton product Of
the south-the shippers-to prescribe
the route over which their goods should
pass, and put an end to that Illegal pro
ceeding He also brought a suit in equity
for preventing the operation Of a pro
posed merger of sundry transcontinentaI
railroads as competing lines. which had
been effected by combination and ac-
companied by large imitation of the
stock,