The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1907-01-09
bTToRNEYGEAERALs
litigation Carried on Ag]
porations.
Work That Has Been Dol
judiciary in the Interpret
the Sherman ANTI rnst

port OF the AltOrney-GSHep
United States was submittd
President. Because Of its
the work that has been dor
Federal judiciary in the id
ton Of the Sherman Anti-1
and the Railroad Rate law,
General Moody's report tai
as being one Of the most II
of all departments document
year.
In dealing with the worI
judiciary in prosecuting case
the Sherman law, Mr.. Mool
attention to the fact that q
decisions, of the Supreme Col
shed much light upon the
Of the words used In the Lei
press the acts prohibited,
limits of the meaning OF grg
and interpolation" have "a
ascertained clearly. Nor has
easy to determine under the
organization Of business whet1
tain transactions are made und
eign or interstate commerce.
"The Department Of Jus
without organization for the
cation of suspected; offenses1
the Attorney-Ge General, thoua
general appropriation for
forcement Of this and laws
character made by Congress Il
has to some extent suppded8t
1ciency. Nevertheless it Is t
the. main, that proceedings insI
by the department have had th3
| gin either in a complaint by SO
:erested person or in the invest1
Of some other department OF TIL
| eminent. These reasonable
| tainty Of the meaning CT the Id
conflict with the tendencies Of
ness api the insuficiency OF
! means Of detecting offenses1|
made its enforcement slow and
cult and obedience to its prov
far from universal"
The report points out that
course of the litigation carrie
against corporations under th|
forcement OF the Sherman laJ
decisions OF the Supreme Court
made clear the following facts:
/. That the law is constitute
2. That a combination OF .
facturers to restrain or mono]
manufacture or production 4
only incidentally and indirss.l
fected interstate commerce wa.
within the prohibition OF the al
cause not a restraint or monop
ton Of interstate commerce.
8. That a combination Of n
facturers fixing prices and supl
Ing competition in the sale Of
products in interstate comr
forbidden by the act. M
A. That a combinations
competing interstate rails
which rates and fares are es
and maintained is forbiddenf
law, although the rates in tt
may not be unreasonableor
Since the beginning Of
RooseYelt's administration
three proceedings have beeJ0l
under the Sherman law, saypad
torney-G General, seven Of whnn
been concluded and sixteen
pending. Ten Of the pro-
were indictments and thirttt
lions in equity. I'm the sehn
ceedings concluded the Cow
has prevailed.
Specific rulings Of importak
been made and sustained duo
course of litigation In they
cases mentioned, which the
General summarizes thus:
L. The suppression OF coren
which is Intentionally accoion
by placing a majority Of the lid
the competing companies in
corporation, is a violation OF
of 1890, though the arct Of ce1
ing company In acquiring tass
in exchange for its own ma4w.
tui un9el Inc ia~s u 'ne wal
, 2. Manufacturers who ees9
their raw material at Places bs
Is sent from the various Stat
Territories for sale and att
facture sell their. product thu
the country are in respect lool
purchases and sales. engage oil
terstate commerce. .s
8. Corporations deriviI
franchises from the Statetilya
ments exercise them in theill
of interstate commerce in slanGS
ton to the power Of Congres,
ulate 1t and subject to the fs
of the National Government pre-
tain whether they are obseTm d.
laws. Such corfu ~
have no constitutional privild
fuse to produce upon due AMI
able process Of law the r~ecorlei1sI
and papers relevant to SUI lid
merce, and such production k;ct{
confer upon them immuni
criminal prosecution. N
Turning to the work Of him III
ment in prosecuting cases ua
recently enacted railroad ra !
Mr.. Moody says that despite :
dence of the railroad men 81 oui
fore the Senate committee j I,
summer Of 1905 to the effect ii A
batting had stopped, evidence
to the Department Of Justice iipt'
the belief that the prohibited I'd
had been continued under
AS a result of the 80,
by the department whm,
Information was in its hands S IN
seven, indictments have behns
,urned since October Of last VI &,
Cause Of Dear Gas.
Assistant Corporation
o-z 30 NJo- vor1, C;f1y rooId A