The Montgomery advertiser., 1907-10-09
DISCUSSION OF
 TRUST LAWS. Talked of at Length at.
 St. Louis. CAREER IS ENTHUSIASTIC
 . Permanent Organization Was Very
 Important Action. Aiabalna's Attorney General Partici- pated in Debate. on variou. Matt ters ef Importance That Were
 Taken Up at Meeting. A

I .s 4 z H i
 attorney General Alex M. Garber,
 on the convention of the Attornevs
 Senerai IS very much interested in this
 luea or the Attorneys General Of the
 states gathering for the purpose of
 perfectfng plans for the protection of
 the interests of the common people,
 Coionel Garber said yesterday that
 hao never seen such enthusiasm
 and that he believes great good viii
 result from the organization. which l Will be the watchdog of States
 rights, as applied to corporate in-
 A Dermanent organization of the
 Attorneys General was effected at our
 meeting in St. Louis" said Colonel
 Garber yesterday, under the name of
 the National Association of the Attor-
 neys General of the United States. This idea originated with Attorney General Hadiey of Missouri, who started the movement at conference of eight Att torneys General on August 12, to per- ! feet an interstate organization for the interchange of evidence and a general arrangement whereby the legal depart l ments of the several States could bet 1 ter deal with scorporAticns violating | State laws This association begins with q mern- bership of twenty-five or thirty mem-
 
 | Of the union. and will meet annually The purpose Of the organization is to afford the Attorneys General of the dif- ferent States an opportunity to meet together and discuss the many impor- ant questions arising in their depart ments and by Interchange of expe- riences to assist each other in the so- lution of the many difficult problems which are now constantly arising in | the United States.
 We remained in session two days | and all of our time was devoted to the Il discussion of the several great legal | and economic questions which are public mind. confidently expect good results to come from this movement.
 Trust Law Up.
 Among the important subjects dis cussed at our meeting in St. Louis were trusts and antitrust laws and the cap italization of public service corpora tions. Several of the States, notably Massachusetts. have very effective laws on these subjects. It should be a matter Of great concern to the peo- pie of Alabama that we have practi- cally no anti-trus laws. Alabama has no law regulating either persons or corporations from entering into com bination, pool or trust in restraint of trade. We have a Jaw prohibiting the formation of a combination or trust to regulate or fix the price of any article or commodity to be sold within the State for speculation only.
 Tt is my Judgment that the pro- visions of this law should be enlarged so as to make it an offense for any person or corporation to enter into a combination to control the price of any article in restraint of trade not only for the purpose of speculation but also for the purpose of gain or profit l It will be recalled that the only anti trust law. prepared by the fertilizer and cotton seed oil mills committee which was submitted to the Leglsla- ture at the July session, failed to pass.
 q think the Legislature at the ex- tra session should further consider this : subject It yanl be of interest to know that comn&ftee swas appointed at our meeting to draft uniform antitrust bill to be submitted to the Legisla- lures of the various States. This committee will begin at once on the work assigned to it. q
 ''The two questions that attracted the liveliest attention at our meeting , were railroad rae regulation and con- flict between State and Federal courts. I participated in the discus , sion and argument of these questions A very strong sentiment against in- reference by the inferior Federal courts with actions taken by State of- f1cials in carrying out the laws enacted by the Legislatures of the various States developed during the discussion of these matters and this sentiment |. was general.
 EncrOachment of Courts.
 Tt soon became evident during the discussion that the gradual encroach- ment of the inferior Federal courts in taking jurisdiction in matters pertain ing to intra- state commerce had aroused more bitter and more intense opposition in several of the Western and Northern States than the feeling which existed with us in Alabama on this subject. There seems to be no doubt that tust in proportion as the provisions of the Fourteenth Amend ment are given increased application, the Eleventh Amendment to the Fed eral Constitution, which provides that the judicial power of the United States shall not be considered to extend to any suit in law or equity commenced or prosecuted against one of the States, will be abrogated and nuIli- fled
 The opinion was strongly asserted. by many at our meeting that the Uni ted States Supreme Court wiN finally adhere to the principles announced in the famous case of Fitts vs. McGhee and hold that these suits instituted against officers of the State are really suits against the State.
 Missouri and Minnesota have expe- rienced so far the greatest trouble re- sulting from interference on the part of Federal courts. The commodity from those of Alabama in very ma