The state herald., 1904-11-04
ANTITRUST LAWS.
Thsy Have Hs.p Enforcei Wherever
Proper Cases Have IIern Presented.

There arc In the uutcl States over
slp Industrial trusts aud organized mo-
nppplIrs, Their asgreshie authorized
capital amounts 10 Sll.7Ds5iI.3s1, such
-tupcuipus sum ~ tn make the petty
capitalist gasp In astonishmcnt Hut It
i not all tangible; q good deal u mere
figures, scutchc. on paper Many Of the
companies are playtliings for hnancicrs
who require toys, others are dummies,
others cumaiosr affairs These corpora
tioHs ar. born In every State, aud state
laws nre responsible Tor their creation
laws with which the national government
has nothing TO do. and could not have,
unless by usurpntion; hut II does thkc a
hand when these concerns undertake In
terstatc transactions IN restraint OF trade
or foreign commerce. II Is nothing
against the Republican party that such
corporations have being: their own
parents, the States that gave them birth,
are the parties responsible for their
wrong doing Ia those States. No federal
court or officer eau enforce che common
law Of a State. ~ for the United States,
there Is no common law. ~ Mr.. Roosc'
welt has said. Mr.. Parker takes issue
with this declaration aud dismisscs II
from his discussion by saying II 10 a
question mot 10 be determined by the
President or by candidate for the pres
hcncy." but by the judiciary. and II has
been julicinlly decided that common law
principles could be applied In United
States courts In Interstate commerce
cases.
There are United States statutes for
sUsh chat IuIe. HarLafa
ise To favor such further legislation
within constitutional limitations as will
best promote aud safeguard the interests
OF the people" Is entirely gratuitous un-
less he mcditatcs a repeal OF the laws
already existing. These laws arc OF Re
publican creation and safeguard the In
tercsts OF the people so far ns State stat
utes will permit. A Republican Con-
gress passed the Sherman antitrust law
and a Republican President approved II
July 2. 1880. Iu 1903 Republican Con-
grcss passed and a Republican President
approved an act c1pcditing antitrust liti-
cation. In the appropriation bill for
1908 was a paragraph providing funds
for prosecuting such suits, and the def
cheney bill for the same year authorized
legal aid. The Elkins- Roberts law, pass
ell and approved In 1908. bore upon this
trust question and was the work OF a
Republican Congress and President.
The government has not iunked In en-
forcing the antitrust laws where a pro-
per case could be made out. II knocked
the financial sawdust out Of the Northern
Securities Company In 1908. The M,s-
souri, "beef trust" case in 1908 ended
with heavy fines against the defendants
who were found guilty Of violating the
antitrust law. In 1902 the President
ordered the prosecution Of certain Illinois
packers for violating the Sherman anti.
trust statute, and q permanent injunc-
ton was the result. These antitrust
suits are not the justice-of-the-peace af-
fairs the Democrats are trying to make
them out to be The government must
be sure It is right aud able to carry It's
points before II acts; the best legal tai
ent OF the country Is put up against II,
and defeat for 1t would involve ruinous
consequences.
What the Democrats might do In these
trust matters no one, not even them
selves. eau guess; they can't do any bet.
ter; they are likely to do worse.