The herald-advance. (Milbank, S.D.) 1890-1922, 1904-11-04
ANTITRUST LAWS.
They Have Been Enforced Wherever
Proper Cases Have Been Presented.

There are in the United States over
800 industrial trusts and organized mo-
nopolies. Their aggregate authorized
capital amounts to ST., 79S.5 47. 327, such
a stupendous sum as TO make the petty
capitalist gasp in astonishment. But 1T
is not all tangible; a good deal is mere
figures, scratches on pa per. Many of the
companies are playthings for inanciers
who require toys; others are dummies;
others comatose affairs. These corpora
tons are born in every State, and State
laws are responsible for their creation
laws with which the national government
has nothing to do, and could not have,
unless by usnrpation; but it does take a
hand when these concerns undertake IN
terstate transactions in restraint OF trade
or foreign commerce. 1t is nothing
against the Republican party that such
corporations have a being; their own
parents, the States that gave them birth,
are the parties responsible for 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-
welt has said. Mr.. Parker takes issue
with this declaration and dismisses it
from his discussion by saying it is a
question mot to be determined by the
President or by a candidate for the pres
idency.' but by the judiciary, and it 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, so 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 up
less he meditates a repeal Of the laws
already existing. These laws are of Re-
publican creation and safeguard the in
terests Of the people so far as State stat
utes will permit. A Republican Con-
gress passed the Sherman antitrust law
and a Republican President approved it
July 2, 1890. IN 1903 a Republican Con-
gress passed and a Republican Presiden;
approved an act expediting antitrust iti-
cation. In the appropriation bill for
1903 was a paragraph providing funds
for prosecuting such suits, and the def
cheney bin for the same year authorized
legal aid. The Elkins-Roberts law, pass
ell and approved in 1903, bore upon this
trust question and was the work Of q
Republican Congress and President.
The government has not funked in en-
forcing the antitrust laws where a 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 IA permanent injunc-
ton was the result. These antitrust
suits are not the justice-os-the-peace 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 up against it.
and defeat for it would involve ruinous
consequences.
What the Democrats might do in these
trust matters no one, not even them
selves, can guess; they can't do any bet
ter; they are likely to do worse.