Durango semi-weekly herald., 1904-09-01
JUDGE PARKER ON TRUSTS.

Judge Parker in his speech of ac-
ceptance was singularly and signiti-
cantly indefinite in his discussion of
the trust question. He said; THE
growth of monopoly, of which com
plant is justly made. cannot be laid
at the doors of the courts of the coun-
try. The decisions of the supreme
court of the United States, the court
of appeals Of this state, and the courts
of last resort in many states. war
rant the assertion that the common
law as developed affords complete
legal remedy against monopolies."
Standing alone. it is difficult TO in
terpret the meaning of this utterance
of the Democratic candidate for Pres
ident. Read in connection with the
Democratic state platform of New
York, adopted at Albany last April
and dictated by Judge Parker's friends
If not by the Judge himself, 1t means
that he is opposed to federal control
Of trusts and monopolies. The trust
plank in that Albany platform reads
as follows: Corporations chartered
by the state must be subject to just
regulation by the state in the interest
of the people"
Judge Parker regards 1.-The common
law as n complete legal remedy as
against monopolies," and his New
York platform favors leaving the con-
troll of the trusts and monoposies to
the states grant charters to them.
This was the argument made by the
attorneys for the Northern Securities
Company when that case came before
the supreme court of the United
States. These able constitutional
lawyers agreed that as the Northern
Securities was state corporation,
chartered by the state of New Jersey,
the enforcement of the Sherman anti
trust law against that corporation was
an unauthorized interference by the
national government with the internal
commerce of that state.
The supreme court in its opinion as
handed down by Justice Harlan. re-
marked: This suggestion does not
at all impress u.s." The court then
held that the Sherman law did pro-
hibit such an interference with inter
state commerce and that by the ex-
press words of the constitution con-
gress has power to regulate commerce
with foreign nations and among the
several states and with the Indian
tribes. In view of the unanimous de-
cisions OF this court there ought not,
at this day, to be any doubt as to the
general scopes-of such power"
The supreme court also said in that
opinion: "As in the judgment of con
gress the public convenience and the
general welfare will be best subserv-
ed when the natural laws of competi-
ton are left undisturbed by those en-
gagged in interstate commerce. and as
congress has embodied that rule In
the statute, that must be. for all, the
end of the matter, II this is to remain
government of laws. and not oi
men"
The supreme court did not decide
the Northern Securities case on the
common law, nor did 1t regard 1t a
corporation chartered by a state as
only to be regulated by the state. 1t
swept uSlue all teCnulCalllieS as tiiose
suggested by Judge Parker and his
state platform, and decided against
that great trust because 1t violated a
law OF congress which was in conform
ity with the power granted to congress
by the constitution.
The Democratic party opposed the
passage OF the Sherman law. and II
has opposed all other antitrust legis
lation in the past fifteen years. Rrom
Judge Parkei's speech of acceptance
1t would appear that he is in harmony
with his party on this question and
would deny the power of congress to
pass such lave. He would leave such
trusts to be regulated by the states
which granted charters to them. and
he would have left the Northern Sc
curities company to be dealt with by
the State of New Jersey. But the
Republican party. and the Supreme
court Of the United States regards this
as "a government Of laws and not OF
men,"