The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-18
INDICATES THE REPUBLICAN PAR
TY AND PRESIDENT.

The Sherman antitrust law, under when
the decision was rendered. was not aimed
particularly at railroads or railroad
mergers. 1t is general in its terms and
aimed at prohibiting all contracts or COM
binations in restraint of commerce among
the several States. The test whether it APP
plies to any particular contract or combi-
nation not is whether the contract or
combination is by its terms or In its prac-
teal operation would be restrictive of free
competition. If SO, it comes within the
purview of the act whether it be COM
bination of porkpackers, of coal operators,
of manufacturers or of railroads.
From the beginning of the agitation
against trusts. when il first began to be
recognized that they involved a possible
menace to industrial freedom and pros
perity. the Republican party espoused the
cause of the people and of unrestricted
commerce. In his annual message of 1899
and 1900 President Mckinley discussed the
question and said: 1T is so important and
far reaching that I am sure no part of it
will be lightly considered. but every phase
Congress. resulting in wise and judicious
action" The subject was further discussed
by President Roosevelt in each of his three
annual messages.
1t has been the fixed policy of the Re-
publican party to regulate and control the
great corporations and trusts of the coun-
try, not in a spirit of hostility to capital.
but with a view of protecting industrial
interests and the public against overcap-
italization, the restriction of trade and
other evils that might flow from uncon-
trolled combinations of capital. AS Presi-
messages: Great corporations exist only
because they are created and safeguarded
by our institutions. and it is therefore our
right and our duty to see that they work in
harmony with these institutions" Presi,
dent Roosevelt was the first to urge pub
the evils of trusts, and the creation of a
department of commerce and industry
| whose head should be member OF the
Cabinet with authority to investigate great
business corporations and see that they
kept within the law. This department has
been created and is now in operation.
The suit to test the legality of the North
| ern Securities merger was brought by di-
| rection of President Roosevelt. In direct
| ing his attorney general to bring the sui,
he demonstrated the sincerity and con-
| sistency of his own views. as also his de-
RI apfo bo To- 70
bring it to the test of a judicial decision
The suit was brought. the United States
| Circuit Court decided in favor OF
the constitutionality of the Sherman
act, and now the Supreme Court
has affirmed that decision. AS fai
as the decision of the Supreme Court
on a ndnpolitical question can vindicatt
the position of political party this one
vindicates the attitude Of the Republican
party on the trust question and the course
of President Roosevelt. This is so clear
that the New York World makes the fol
lowing statement under the heading
Facts
l. The antitrust law was framed by &
Republican. was passed by a Republican
House and a Republican Senate, was signed
4 by Republican President.
2. The law remained a dead letter on tn,
| statute books during the entire second tern
| of Grover Cleveland Democratic Presi
| dent. Through those four years of Demo
cratic administration all appeals and al
| efforts of the World to have the law en-
forced were met with sneers, jeers and opel
contempt from q Democratic attorney gen
erai. Richard Olney. who pretended tina
| the law was unconstitutional, and VIII,
would do nothing toward prosecutin,
| vioiators of It.
3. The first effort to enforce the law wa
made by Theodore Roosevelt, Republican
President. The first attorney general L
| vigorously prosecute offenders and to ties
the law was Republican attorney general
Philander c. Knox.
4. The decision of the Supreme Court O
the United States, given as a. finality from
which there is no appeal. upholding tn
law as perfectly constitutional and abso
lutely imDregnable in every respect, as tn
World for twelve years constantly insisted
Was due to five judges. every one of WHOM
is a Republican.
j. The dissenting minority of the cour
included every Democratic judge of tina
tribunal. to wit: Chief Justice Fuller, O
illinois. Mr.. Justice White. of Louisiana
and Mr.. Justice Peckhan, of New York
All these distinguished Democrats not onl
voted against the constitutionality of tn
law, but denounced 1t as a danger to tn
Republic.
g. Under these circumstances il does no
seem probable that the Democrats ca
make great capital In seeking to monopoliz
| the antl-lTuSt Issue ana charging the Re
publican party with the crime of bein
owned body and soul by the trusts.
1t is as well 10 record some plain truth:
| however unpleasant or surprising.
The World has stated the facts fearless
ly. The Journal has no desire to give tn
decision of the Supreme Court a politics
aspect 1t is in no sense a political d.
cision. The question before the court wa
as to the constitutionality constructio
and application OF statutory law relatin
TO industrial combinations and commerc
, among the States. No doubt the coul
would have decided the same way If neiths
party had ever expressed itself on the sui
ject of trusts. But II must be admitte
/ that the decision tends to vindicate IL
course OF the Republican party on II
question and is a personal triumph for IL
President.
A SUGGESTION FOR JAPAN.