The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1907-11-07
CHANGE IN THEIR PLANS!
Ore Shipped by Smelter Trust
May be Seized.

Washington, Oct. 29.-Cars OF ore
shipped by the Guggenbeim smeIter
trust from one state to another may
be seized by the federal government
at any time, under section q OF the
sherman antitrust law, according 10
statements which have been made by
responsible officials. When the ques-
tion was put directly to the depart
ment OF Justice as to whether or not
the government would proceed
against the smelter trust by seizure
of goods, as In the case OF taking pos
session Of $50, 900 cigarettes OF the
tobacco trust at Norfolk, Va, the
answer was that II the tobacco case
was successful government would
not be limited as to any other illegal
combination. Pressed for an answer
to the smelter trust, the same answer
was given.
Had not this announcement came
as an accompaniment OF wild disor.
ders on Wall street in New York be-
caues OF the disclosures there, the
governments latest announced policy
of seizure under section 6 doubtless
would have created furry greater
than was actually caused.
Nevertheless, the consequences OF
the latest move are more seriously to
jeoparJize the trusts than the instl-
tuition of ordinary proceedings In the
courts. The governments position
was thus stated:
"The seizure will open to the
trust two avenues for ecsape-prove
it Is not a combination "The seizure
in restraint of trade, or prove the
unconstitutionality Of the Sherman
antitrust law. The seizure will has
ten the final determination of the
status of the tobacco trust and all
other trusts. 0bviating the wearisome
delays experienced in the cases begun
for the dissolution Of the trusts.
"As to the cOnstitutionality of the
Sherman law, the federal supreme
court never has passed on 1t. 1t
may surprise some persons to learn
that, but 1t Is true. Other phases OF
the law in question have been adju-
6icated, but not the constltutionality
of the law.
"Of course, ii the tobacco case sue
coed, all trnsts will be subject to
like proceedings-seizure OF their
goods and products or freight in in.
terstate traffic"
In Import of the government
contention in this case, 1T has been
advanced that through the code laws
of practically all states the principle
of seizure of goods or implements
used in Illicit transactions Is uni
versaIly recognized. For instance,
In states wherein gambling is inhib-
tied, sheriff's may seize gambling
paraphernalia without previous court
process. And it Is argued also that
in all countries which have legal
bodies of thought even remotely re-
lated to that which obtains here the
principle OF seizure Is universal.
Apparently absurd as the illustra.
tioD may be, nevertheless, the status
of the gambler Is parallel In many
and In measure the feder-
al government in Selling the goods of
the great tobacco tfust is doing moth.
ing else in its essence than the county
sheriff Is doing when he raids
gambling Joint" and contiscates
the paraphernalia there used.
The situation OF the smelter trust.
on the event of successful eventual
tion of the tobacco seizure case, may
be imagined when it IL understood
that every constituent concern Of the
Guggenheim concern would come I'm.
der the operation Of the seizure pow.
er. Among them would be the Fed.
eral Mining & Smelling company
which operates In the Occur d'Alenes
and controls the major portion Of the
lead output of Northern Idaho, which
output equals more than one. third OF
The lead output of the United States.
After the smelter trust In likeli.