The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-03
THE ANTITRUST ACT DEFINED
Author Quotes Wayne MaeVeRgh
and Chief Justice MarshaII-Legis-
latiOn Cannot Strengthen Weak.
Combinations a Logical OutgrOwth
of Our Modern Civilization.

peculiar timeliness.
The volume deals with the nature ard
extent OF powers belonging TO the gen
eral government. not with Congressional
legislation Only one statute is seriously
considered and that is the sherman anti
trust act or July, 1890, which so closely
concerns the principles Of government
that the author has deemed it best TO give
II a full Consideration.
As Thomas NJ. Cooley IN his note TO
| Story on the Constitution said about
local seIf-government: 1T IS part Of the
very nature Of the race to which we be-
long" Jefferson, in a letter TO Cabell,
maintained on the same proposition that
upon its maintenance depend the Hber-
ties and the rights Of man in every gov
eminent" De Tocqueville said; Those
who dread the license Of the mob, and
those who fear absolute power. ought
alike 10 desire the gradual development
Of provincial liberties" He added: "A
centralized administration IS III only 10
enervate the nations Il which it exists
and 1 am also convinced that democratic
nations are most likely 10 fall beneath
These words Of warning uttered long
/ ago, seem 10 have a peculiar significance
to-day, and they really form the text for
/ this scholarly, thoughtful and we'll
written volume. The author believes that
there Is no doubt that the American re-
publics, State ard Federal established 70
/ protect personal liberty and equal rights
OF all citizens, intended to place these
rights. and local government as their
/ security. forever beyond the danger Of
/ invasion. The author goes on TO show
+ that until recently within the United
/ States any apprehension Of Centraliza-
+ lion seemed baselees. But he goes on.
/ Very recently al this seems 70 have changed
Conddcuoe in local selfg0yemmeut and JEALOUSY for
personal rights have given way 20 popular move
men, for the extension az Federal jurisdiction u
/ is not a coincidence merely. that Tie legislation
/ thus brought fcrTad i1vades private liberty a.
the same time that It sFpsrscdss l0Bg-estabishsd
powers q, local government. Loeal government IS
superseded f-r the purpose of restricting private
right The Fundamental fact in which tde new
movement originates Is tLst leaders q UlbEc opinion
I have returned 90 Old World views q tie fGuc-
tsls ~ government Liberty IS no longer SD far
the cbcct Ct popular so.icitude % prevent wide
I
/ of i4FurIte doctrines Of political economy
This tendency Of which the author
1 speaks appears in many Federal stat
utes. in The antitrust act. and n the
( proposals for trust regulation by means
Iof license or compulsory Federal incorpo-
( ration. with able argument and with
many citations from recognized auth0ri-
/ ties, he shows that the proposed method
/ of trust regulation would take CONNER
/ claI jurisdiction from the States, where
+ the powers of government are subject to
| established restrictions, and vest iJ in
/ Congress, free from these limitations
practically establishing a parliamentary
/ despotism.
/ Very thoroughly, if briefly. the author
+ goes over the history of the times and
I the conditions which led t. the estab-
F lislmcut Of the laws under which the
States have been maintained lie shows
that Industrial liberty for the modern
world was the discovery OF the seven
tCenth and eighteenth centuries. end its
I security, with all other rights which
together constitute freedom. was the
great purpose OF American governments.
+ q, this ond provisions were inserted in State
constitutions declaring and protecting the nsiiaH-
able rights ot msu. so slca provisions were inserted
ga the Federal Constitution. t0r there they were un-
necessary. The hberty Il the citizen was protected
+ hy the state. uat hy The United States
And so, step by step. MI Prentice
shows that while the right to regulate
+ the citizen rested SHELLY ia the State the
/ right 10 regulate commerce rested solely
/ with Congress Many cases are cited 90
prove this doctrine, but the chief one
/ is the decision Of Chief Justice Mar
/ SHALL about which the distinguished
] ID. 9r-.
/ Vcagn. has said. NO decision viii cur
/ pass ia permanent material advantage
/ that decision which determined that the
/ power 10 regulate commerce resided ex-
! clusively ia Congress. and must be kept
/ invloiate from any intrusion by the
/ States, under any guise whatever"
There Is considerable argument I'm this
/ book which seems 10 bear. although Il
I has no direct reference 20, on the re-
+ cent stand Of California on the Japanese
immigration question. sir. Prentice shows
that.
On September I5. I7ss, the Congress Of the Con.
federation 'rec0mme1ded to the several States te
pass proper laws for preventing the transportation
# convicted macfactors from foreign countries into
tie United States. This solution, moved Is Alr
Baldwin seconded by Mr.. williamson both o.
whom had been members Of the constitutional con
vention, was, said Mn. Justice Thompson.
strong ccutCrpcBneCus expression Of the opinion Of
congress that under tie Constitution the p0wti
60 control immigration from foreign countries lar
with each State. The State governments
u vao said. have always possessed the power OF
stopping az taxing passengers; that power they
have never given up. and Nr. Justice Thompson
urged that passengers hy had no greater right.
within State, "than If they had cone b. Land
from an adjoining state.
In the chapter dealing with the anti
trust ace. Sir. Prentice shows that this
. act was formed under influences tendiue
strongly in opposite directions-the de
. sire to afford relief for Il condition which
I seemed 20 threaten great public mis-
chief, and the constitutional limitations
/ which seemed 90 make effectual Fedora
legislation upon the subject impossible
Having shown how little under the Con
sututiou Congress may interfere with the
State regulation of industries, Mr.. Prem
. lice says that the only remedy possible
for the prevention OF corporations de
veloping into mouo3olies is that the gov.
eminent shall deal beforehand with
causes, not merely afterward with theil
effects.
In,, ality can he cured onlf by restoring equality
ti'st s., since legislation cannot strengthen Tho
weak. the STRONG must be reduced TIE ec1nCmisi
which come from meditation must BE- d.U
away Within siort tie amount Of property which
corporation may hold must be limited. Such egs
lstin as this which would measure tc5noDii,
Progress by the abilities Of the weak, finds few adj
1ocatcs. The evils Of combination. says SsuatG
Stewart. of course very great, bet the CUES
ticn is Do they not Er,w cut of civilization itself
the foundation Ct which is OganizationE
Mr. Prentice has no panacea 70 offer
no universal solution for the difficulties
and dangers which confront the growing
antagonism between the powers of the
States and the powers Of the Fedora
government. All he can do Is to point
out the tendency toward Capitalization
and to remark that there is ample Law
which fits the case. But he shows. too