Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-10-22
Tuesday EVENING. OFT. %. 1867.

CONPIscATION of trust made goods
wren they enter into interstate commerce
undsr a section of the Sherman antitrust
law. is the new feature OF an attack
no q illegal combinations insuguraled
ye, srday by the Department OF Justice.
A large consignment Of cigarettes man
ufscied by the tobacco trust and offer
ed for shipment at Norfolk, was seized
at The instance Of the attorney general
Ly the collector of customs at Norfolk,
A. stated ia yesteldIy'S Gazette. The
trust, to tlsim-its property, must go in'
TO court and prove that it is moi 9perat-
ing 10 restraint of trade or violating the
antitrust law. This move upon the
part Of the Department OF Justice Is
probably the most important and far
re, :birg scion that has yet been taken
against the trusls. The immediate pur-
p,se of the Attorney General is to test
the law, but in the event OF ruling by
the courts in favor of the government
the trusts are left absoiu 'ly at the
mercy of the government, and all
their manufactures or other property,
the moment it enters into interstate
commerce, may be se'zed and coDhscated'
A much as has been written and said
about the Sherman antitrust law, 1t
bss never before teen realized that the
statute cODiers any such power upon the
Government. 1t remained for Attorney
General Bonspsrte and his assistants to
discover what su enormous power bad
been given the government. In the De-
partment Of Justice there is not the
slightest doubt that the section CT the
law invoked will be upheld by the
courts. The courts have decided that
all combinations in restraint OF trade
are illegal, and that all consPiracies en-
tered into for the purpose Of affecting
trade are also illegal. They have also
decided that the control Of interstate
commerce rests absolutely with the fede-
raj government, and, therefore, that
Md such control the government may
dete mine what tlHs of goods shall
be admitted TO interstate commerce
and what, class excluded. So, in
tie opinion Of the attorney general
aod his assistants, the government
NAV seiz, under the cor fscation clause
of The Sherman law, all property en-
teriug into interstate commerce in
violation OF The law. II the courts
tske this same view Of the prop
Csi,;on the (ffsct must be lmmtd'
lately of the most fsr-resching copse-
quence. Se'zIre Of goods belonging to
n combination which is merely suspected
of violating the law will be possible,
aud the burden Of proof will be thrown
upon the owners of the goods. Hereto
fore the government has been required
TO prove, first the existence of a trust,
and than some violation OF law. Under
the new method, made possible by the
heretofore overlooked section of the
Sherman law, the government need only
suspect aud the trust must prove is In
nocence. Uoless the Department OF
Justice is mistaken, the enforcement OF
this newly invoked provision OF law will
compel the dissolution of ALT the trusts
ia the Uniled Slate, not as the result of
court orders, but ss the result Of mott
hcstion from the government that they
cannot continue to DO business. The
Law applies 10 every combination sub
lee, to prosecution for restraint or the
creation OF monopoly. The coal trust op'
Grating in Pennsylvania can be prevent
I'd from sending lie coal out Ct the State.