The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-02

uOWn y HfE Will w htNaA NiONEAH
Association in this country has been dis
solved by decree of the court. The ele-
vator combination in the West has been
dissolved in like manner. The salt combi-
nation west of the Rocky Mountains has
been dissolved by decree OF the court.
The Wholesale Grocers' Association in
the South, the meat combination and the
lumber combination in the West, the COM
bination of railroads entering the city of
st. Louis to ppre competition between
the bridges and ferries reaching that city,
the drug trust, which suppresses compe-
tition all over the country. are being vigor-
ously pressed in suits brought by the Fed
eral Government for their dissolution.
The salt combination has been indicted
and conYicted and fined for failing to obey
the judgment of dissolution. The beef
trust has been indicted for failing to obey
the injunction against it and has bean
saved 20 far only by y decision that II phad
secured temporary immunity by members
giving evidence against themselves. One
branch Of the tobacco trust is facing an
officers in the Federal court in Nav York
and the other branches are undergoing
investigation. The ltfpber combination in
Oklahoml is under Indictment.
The fertilizer trust, u combination OF
thirty-one corporations and twenty-five
individuals to suppress and fix prices, has
been indicted, the indictments have been
sustained bv the courts and the combination
has been dissolved. The ice combination
of the District of Columbia is facing criminal
trial. Special counsel are investigating
the coa combination. and special counsel
are investigating the Standard Oil combina-
ton.
DECISIONS OF THE SUPREME CoURT
Three of the causes won in the Supreme
Court OF the United States have furnished
decisions OF the utmost importance.
In the tobacco trust case of Hale Va.
Henkel, the Supreme Court denied the claim
of the trust corporations to be exempt under
the Constitution from furnishing testimony
against themselves by the production of
their books and papers before "A Federal
Grand Jury. Thus the protection of secrecy
for corporate w~rongdoing * beaten down.
In the Northern Securities case the SUI
preme Court held that a wrong accomplished
10y means Of Incorporating in accordance
with the express provision of New Jersey
statute was just as much n violation OF
Federal law as il there had been no incor-
poration. Thus the State rights defence
Of protection from favorinR State statutes
is beaten down.
In the beef trust case the Supreme Court
held that although the usine of manu-
facture was carried on within the limits
of a single State yet the purchase of the
raw material in different States and the sale
of the finished product in different States
brought the business within the interstate
clause of the Constitution and
kdNN ANlV 4 a. NNDNtN Nv =
over it. Thus the defence that the State
alone can deal with manufacturing corpora
tions, However widespread their business, Is
beaten down.
The obstacles to the enforcement of the
Federal antitrust act thus removed are
obstacles which stood in the way of all pro-
ceedings, and they had to be cleared away
before any proceedings of the same char
acter against the same classes of corpora
tions could be successfully maintained.
ThAwr 80 hAAA aNA mot l"F NnNIva-
paper headlines and denunciation, but by
skill. ability and energy Of the highest
order.
~ANTI-REBArE LAW.
After the Elkins anti-rebate law was
passed by Congress, in 1903. 1t was supposed
and the Interstate Commerce Commission
reported that the railroads had substan-
tally abandoned he giving of rebates. Their
good resolutions do not seem, however, 20
nave lasted, The struggle for business
enabled the shippers soon TO secure a re-
newal of rebates or by ingenious devices
advantages equivalent to rebates.
Thereupon the Department OF Justice
began active prosecutions for the enforce
ment of the law. Fifty-three indictments
have been fOund against hundreds of defend
ants and covering many hundreds OF trans
actions. There have been fourteen Grim
nal convictions. Fourteen individuals have
been lined TO the gross amount of 500, I25,
Nine corporations have been fined to-the
amount Of 1858 900. Thirty-five indictments
are ready for trial in their regular order
upon the court calendar.
The original statute provided only for
punishment by fine Last winter IL was
amended by providing for punishment,
by imprisonment and il the fines imposed
under the original law shall not prove to
nave stopped the practice We shall see
whether fear of the penitentiary under the
amendment will not do so.
Under this statute also IL was necessary
to sweep away defences which stood az
barriers to general prosecution, and in the
New York, New Haven and Hartford Rail
road case, decided by the Supreme Court
February 10 of thisy year, and the Milwaukee
Refrigerator Transit case, decided in the
Seventh Circuit on May 81 of this year,
the courts have held that the Substance
and not the form is Ia control in the
application of the statute, n that, how
ever the transaction may be disguised, an
unlawful discrimination can be reached
and punished. The way is therefore cleared
for all other prosecutions.
EFFECT OF THE RAILRoAD RATE ACT.
The railroad rate act. which was the sub
iect of such excited discussion during the
last session Of Congress, has already justi-
fled itself. Since the passage Of theact, less
than five months ago, there have been more
voluntary reductions of rates by our rail-
RI sdS than during the entire nineteen years
of the previous life of the Interstate Com
merce Commission On the single day Of
August 20, l0f, two laws before the act
wen: into force. more than 1000 notices of
voluntary reduction of rates were filed with
the Interstate Commerce Commission by
the railroads of the United States.
DECENTRALIZATION IL an evil peculiarly
within the control Of State Governments
and one for which we ought have in every
State Capitol "A man who can do what Mr..
Hughes has shown himself capable Of doing;
but the Federal Government through
the Bureau of Corporations is going far on
the road to a cure by getting at the truth
and dispelling the darkness under the cover
Of which the evil has grown.
PURE FOOD AND MEAT INSPECTION ACTS.
Nor should other evils with which the
Federal Government il graphing he for
g~otten-the pure food act aud the meat in
spection act of the last session Of Congress
are protecting the food Of the people against
fraud and adulteratiOn and contamination;
Justice from the employer to the employed
is advanced by the wise employers liability
act Of the last session; the Federal CON
tractors eight hour labor law, too long
ignored. is being vigorously enforced
and every week come reports of new con-
~victions for its violation; the safety appli-
ance law, discredited In the lower courts,
has been taken by the Government inter-
vening in aid of an injured employee to the
Supreme Court of the United States in a suit
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