New-York tribune., 1907-01-14
SP00NER'S FORESIGHT.
SAT- Il gdiRst Standard Is Under His
amendment to Sherman Ld1c.
From The Tribune B,resu 7


Washington, Jan 13.-In these days. when
there is disposition 10 rail at the paiustakng
and even time killing efforts Of the 'COnstitU-
tional lawyers TO perfect legislation before pac-
ing 1t on the statutes, officials Of the Depart
ment of Justice have made a discovery which
demonstrates the value OF the care and delber-
alton which some of the great lawyers in Con-
sress are inclined 10 eXpend important stat
utes. An inquiry into the genesis of the Sher-
man Antitrust law. under which statute sew
enty-three of the constituent corporations of The
Standard Oil Company are now being prose-
cuted by the government. has just revealed the
long forgotten fact that but for the care and
study which Senator SpOoner. of Wisconsin. back
in 1890, devoted TO the Sherman law. II would
now be impossible to prosecute these constituent
companies except in their several localities, a
proceeding which would render any prosecution
impractcable.
Despite the care which Senator Sherman de-
voted to the drafting of the famous statute
which has made possible the prosecution of so
many combinations in restraint OF trade there
point which he overlooked. and only
the careful study which Senator Spooner devot-
ed to the subject brought the defect to light.
To remedy this defect Mr., Spooner introduced
an amendment which he declared would serve
10 cure what he considered a dangerous loop
hole IN the bill The opposition press charged.
of course. that Mr.. Spooners purpose was mere-
ly to delay ths bill, but when his amendment
referred TO the Committee on Judiciary II
met with entire approval. and after being care
fully considered was reported favorabIy in the
following words:
In any action brought by the United States
under the provisions of this act the Attorney
General may bring the action in any district in
which any one Of the parties defendant resides
or transaCts business, and any other parties.
corporate or otherwise may regardless OF resi-
6RQc0 location n huEinaSS ha hrnu M
court in said act in the manner provided by
Section 73S of the Revised Statutes. and the
court shall thereupon have jurisdiction of the
defendant defendants fully to all inteuts
and purposes as If they had appeared in said
action.
In thu course of the discussion of this amend
ment Mr.. Spooner. with foresight which in the
light of subsequent happenings seems remark
able. said on March 20. 1890:
All of these trusts or nearly all OF them are
made up of different firms, of corporation and
of citizens Of different states The Senator from
Ohio argued that in suits brought by the United
States under the provisions of this act all of the
parties of the trust might be made defendants,
and the court having acquired Jurisdiction of the
subject matter and of the defendants could deal
with/them. / brought to the attention of the
Senate the fact that the assumption of the SEN
ator from Ohio IS mistaken the law now
stands and that The statutory rule is that no
shall. with single exception or so. be sued
in the United States courts except in the dis
trict where he happens to reside or where he
the Sugar Trust under the provisions of this act
made up OF seventeen distinct corporations as I
understand it. only one Of which. If you please.
IL a citizen Of the State of New York. there
would be no power to obtain jurisdiction in
single suit except over one. Seventeen different
suits would be necessary. possibly. That IL
seemed TO me, was weakness in this bill which
ought to be remeded.
p 1t seems TO me that in dealing with II we ought
deal with IT, although a civil suit brought in
the name of the United States. just as we would
deal with IL II il criminal case involving
defendants half dozen citizens OF different
states, because the combination aimed at is
criminal is a crime against the people and It
requires strong measures 10 afford any remedy
for it.
The usefulness of the amendment has prob
ably never before been demonstrated in actual
practice. But that the government has
secured proof OF the existence Of a combination
of seventy-three corporations. scattered all over
the country. which are alleged TO have entered
into a combination in restraint Of trade which
combination is known as the Standard OIL Com
pany, the utility of the amendment becomes OBJ
vious. Instead of being compelled 70 institute
separate suits in practically every judicial dis
trct of the country, the government can and
has. under the provisions of the SpOOner amend
ment brought a single suit in which all seventy
three of the corporations are made defendants
Those officials OF 0he Department Of Justice
who are charged with the responsibility of pros
ecuJing the Standard most thankful that
there in the Senate, at the time when the
Sherman act was under consideration. cOnsJi-
tutional lawyer Of Senator Spooners ability and
one who was so prone TO analyze every provision
and phrase of a proposed Law.
Incidentally. the charges Of those opposition
newspapers which then, now, charged Mr.
Spooner's disposition 70 go to the bottom OF
every proposed statute to a desire To hinder leg
islation In the light OF present facts fail the
ground while those who have recklessly charged
Mr.. SpOOner with being leading representa-
tive Of the system find little support or
comfort in the facts unearthed. after nearly
seventeen years have elapsed. by the officials OF
the Department OF Justice.