The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-04-27

the product of the brain of John Sherman, !
the veteran Republican statesman or ONO. |
That bill was passed by a Republican |
Senate, passed by Republican House and
signed by Republican President. and is
to-day the only law relating to trusts,
save one, now on the statute books of the
Nation. The other is the Interstate
commerce act, and IL, too. is the offspring
or Republican craftsmanship. From that
day to this sixty-three suits have been in
stituted TO enforce the provisions of the
Sherman antitrust law. every one of them
under the direct authorization and super
vision OF a Republican attorney general
While Benjamin Harrison was yet Presi-
Dent, eight of these actions were instituted
securing decisions of the Supreme Court as
TO the constitutionality of this act and
applying II to various conditions-and then
what! -Four years of 3nnocuous desue-
body and everything. including this law,
was given a surcease from toll, a respite
from labor and a period of enforced rest.
Not an action brought to enforce 1t. NOT
motion made to carry ii into execution
Why, there is on file in the State Depart
ment to-day an opinion by Richard OIne s
attorney general in President Cleveland
Cabinet, an able lawyer and an uprignt
man, ,stating that this law is unconstltu-
tional, is of doubtful propriety at the pest.
Is contrary TO the fundamental risntS OF
the States and Is not capable of enforce
ment And under his regime IL slept the
sleep of death.
lie a letter this question explaining why
he did moth ing, during his presidential in
cumbency, on this subject Well his record
this question needs explaining. but 1T
is rather a late day for him to awake to
the fact. He does not claim to have rec
commended any antitrust legislation dur
ing either Of his administrations. He does
not claim that any antitrust legislation
was passed during either Of his administra-
litigation ever Instituted to suppress any
trust or combination during either Of his
administrations. He simply seeks to ex-
plain why nothing was done and he places
the responsibility therefor upon the courts
and the Constitution and upon the fact
that the Northern Securities Company was
not in existence during his administration
Further, in no message during his first
term did Mr.. Cleveland take UP the SUBJ
ject Of trusts until just preceding the cleo
existence of combinations with this con-
clusion: The people can hardly hope for
any consideration In the operation of these
selfish schemes, but he recommended no
relief and suggested no remedy. Congress,
however, created a commission to investi-
gate the subject. 1t consisted of many of
the leading Democrats in CONGRESS-, includ-
Ing William l.. Wilson, of tariff fame. They
sat many months and had numerous hear
ings and reported their conclusions to Con-
gress on the I'd day of March. 1889. just two
days before the Inauguration of President
Harrison. Hear their conclusion for 1T at
fords the most striking example OF Demo-
cratic incompetency ever given to the
American public.
THE number of combinations and trusts
formed and forming in this country is, as
your committee has ascertained. very large.
and affects large portion OF the important
manufacturing and industrial interests OF
they found the disease.
Did they suggest remedy? Did they
| formulate a bill? Did they propose any
plan for the present or the future to prevent
| the continuance os these conditions? Not
So lbut as the sole conclusion of their en-
| tire deliberations they said:
/ No Remedy Suggested.
Your committee further reports that.
| owing to present differences of opinion be-
| tween the members of your committee,
they limit this report to submitting to the
careful consideration of subsequent Con-
crosses the facts shown by the testimony
taken from the committee"
| subsequent Congress had already been
elected and it was Republican. This DEM
! ocratic commission, therefore, acknowl-
| edged themselves wholly incapable of deal
| ing with this problem, and referred the en-
| tire subject to the craftsmanship or the Re-
| publican party. This is the most splendid
| tribute ever paid to the genius Of that or
| ganization. Both the President and the
| committee acknowledge the existence or
| harmful trusts and injurious combinations,
| but neither proposed any remedy. neither
suggested any method of escape, neither
| held forth any ray of hope except at the
| hands of a Republican Congress.
| President Cleveland did not again refer to
| the subject of trusts until after the election
| of MIR. Mckinley, when, In MS very last
| message to Congress, he denounced COM
binations in terms vituperative and Ian
guage as infammatory as was ever en-
ployed by William Jennings Bryan In des-
canting on the same subject. But what did
he further say in that regard?
The fact must be recognized however.
may fall short of its purpose because of the
complex character of our governmental sys-
tenn. which, while making the federal au-
| thority supreme in its sphere, has carefully
| limited that sphere by metes and bounds
that cannot be transgressed. The decision
! of our highest court In this precise question
| of trusts and monopolies can be adequately
! treated through federal action, unless they
seek. directly or purposely, to include In
between States or between the United
| States and foreign countries
This shows in the most unmistakable man
ner that Mr. Cleveland more anxious
TO uphold the doctrine of State rights than
he was to solve the trust problem
The exact scope of the Sherman anti
trust law not having been ascertained,
President Mckinley in several messages
called the attention of Congress to this
vexed question, and urged the necessity of
strengthening, Il possible. this statute on
that subject. Many then believed that.
| without amendment to the Constitution,
congress had no power TO deal with this
/ question save as 1t applied to interstate
commerce, and, desiring to deal in the most
effective way with this problem, resolu-
ton was introduced in the House, in the
amendment; but it failed of the necessary
two-thirds majority, and met a melancholy
fate for, while every Republican in that
body voted in its favor, every Democrat
voted against it, thus proving that their
professions of anxiety were for political
purposes only, and that their desire to re-
strict the operation of these combinat lions
came and went with the campaign.
The present occupant OF the executive
chair has not ceased to press this question
| upon the attention of the country and has
made at least fifty speeches on the sub
ject. All this agitation finally eliminated
last month in the decision of the Supreme
Court in the Northern Securities case,
| which forever set at rest the entire ade-
quacy of the Sherman act to deal with any
| hurtful trust now in existence or that may
| hereafter be organized; a decision so
1 broad, so general sweeping to mark
an epoch in the history of that great tribu-
nal; decision so far-reaching in its conse-
J quences that cannot yet fathom its
full significance. And, while the word pol
tiles should not be applied to any decision
| of that court. yet as showing the hold of
the States rights idea upon all Democrats, 1t
is worthy of remark that every member of
that school upon the Supreme Bench dis
case.
There are now pending in the United
States Circuit and Supreme Courts eight
other cases of especial note, chief among
which is the action against the so-called
beef trust. every one of which was brought
at the instance of Phiander Knox. the Re-
publican attorney general OF the United
States. Who can doubt that the decisions
| in these cases will be such TO increase