The Delta independent., 1904-11-04
ANTITRUST LAWS.
They Have Besa Esforesd wherever
Proper Casss Have Been Ype0oat00.

Proper casss Have Been Hrsesats1-
There are in the United States over
| 500 industrial trusts and Organised mo-
nopolies. Their aggregate authorised
capital amounts to S2l.Tas.54I.3c7, such
stupendous sum as to make the peety
ca pitalist gasp in astonishmsnt. But IL
is not all tangible; a good deal II mere
figures. scratches on paper. Many OF the
companies are playthinss fer hnanSsrs
who require toys: others are dummies.
others comatose affairs. These corpora
tons are born in every State. and Ssats
laws are responsible for their creatioo-
laws with which the national government
has nothing to do, and could not have
unless by usurpation: but IT does taks
hand when these concerns undertake IN
terstate transactions in restraint OF trade
or foreign commerce. 1t - nothing
against the Repub blcan party that such
corporations have being. their own
parents. the States that gave them birth.
are the parties responsible foe their
wrong doing in those States No federal
court or officer can enforce the common
law of a State: as for the United States
there is no common law, as Mr. Roose-
vet has said. Mr.. Parker takes issue
with this declaration and dismissea IL
from his discussion by saying 1t 10
question mot to be determined by the
President or by a candidate for the pres
idency." but by the judiciary. and II has
been judicially decided that common Law
principles could be applied in United
States courts in interstate commerce
cases.
There are United States statutes for
such cases 20 that Judge Parker's prom
Use to favor such further legislation
within constitutional limitations as will
best promote and safeguard the interests
Of the people" is entirely gratuitous un-
less he meditates a repeal of the laws
already existing. These laws are Of Re-
publican creation and safeguard the IN
rerests Of the people so far as State stat
utes will permit. A Republican Con-
gress passed the Sherman anti-trust law
and a Republican President approved IL
July .. 1880. In 1908 Republican Con-
sress passed and s Republican Presiden;
approved an act expeditinE ant-trust hti-
cation. In the appropriation bill for
1903 was a paragraph providing funds
for prosecuting such suits, and the dem
cheney bill for the same year authorised
legal aid. The Elkins- Roberts law. pass
ell and approved in 1903, bore upon this
trust question and was the work OF
Republican Congress and President
The government has not dunked In en-
forcing the antitrust laws where Q pro-
per case could be made out 1t knocked
the financial sawdust out OF the Northern
Securities Company in 1903 The MIS-
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 a permanent injunc-
ton was the result These antitrust
suits are not the justice-of-the-psace af-
fairs the Democrats are trying to make
them out to be. The government must
be sure it is right and able to carry ITS
points before it acts. the best legal tai
ent of the country is put mp against II.
and defeat for il would involve ruinous
consequences.
What rhe Democrats might do in these
trust matters no one. not even them
selves. can guess: they can't do any bst-
ter: they are likely to do worss-