New-York tribune., 1911-10-29
Brief Measure, Apparently
Perfectly Clear in T..
Meaning, Is a Stun.
bling Block to
Many Yet.

| these aggresations OF capitsl f,,.,
known as trusts, were the result q,
ess Of evolution. They were un,r.I,'
condemned as grasping monopolies. fo.D,',
for the sole purpose Of beneGCing their
jectors at the expense OF the general
lie" A belief, Senator Burton ,nlvb, p"D-
said. which after a lapse Of tWen,n
years is still prevalent.
The first thirty-two words OF ,be c.
man law. in a simplicity Of phraSsolo..
that marks the entire statute. ind,c.,. ..
purpose exactly Every contrac,p a.,
instrument reads. combination IN ~.
form Of trust or otherwise, or consn,r,o,.
in restraint OF trade or commerce amon.
the several states, or with foreign nation.
is hereby declared 10 be Illegal"
A person making any such contrac, or
gaging in any such combination or CO (.
spiracy shall be deemed guilty Of MD
demea Tor. and on conviction thereof shs
be punished by fine not exceeding s y
or by Imprisonment not exceeding one
year, or by both said pUnishments, in the
discretion OF the court" So, too s 10 ne
punished every person who shall mon
opolize, or attempt TO monopoize, ot com
bine or conspire with any other person Or
persons TO monopolize any part Of the trade
or commerce among the several states or
with foreign nations"
Moreover. any property owned by trusts.
being in the course Of transportation from
one state 10 another. or TO foreign com
try. shall be forfeited 10 the United states.
and may be seized and condemned SIN
further. "any person who shall be injured
in his business or property by trust
may sue in any circuit court Of the United
States in which the defendant resides or
is found" AMI shall recover threefold lie
damages by him sustained. and the costs
of the suit, including reasonable attorneys
fees"
Lawyers in the Development OF theif
financial and professional estates. and ae
an Intellectual exercise, have emitted mill
ions OF words for and against the statuts
and judges have been relatively as prox
as the lawyers Statesmen have said that
the law should be amended; banks have
echoed the opinion College professors,
also But Congress has been afraid 20
change even so much as a comma or d
syllable. To-day the power Of the Prss-
dent. of the Attorney General and OF the
Supreme Court is being employed TO en-
force the law and re-estabish competition
in business.
oddly enough. historically, Mr. Taft WAS
one of the lawyers for the government In
the first suit brought under the Sherman
law. Within ninety days after the act was
PASSED and signed a bill was filed against
the members of the Nashville Coal EX-
change Dealers and mine owners had COM
bined to maintain a schedule Of priceA
There was a written agreement u was
produced. The court found for the govern
ment. Later. as a judge. Mr. Taft sat in
two other cases, I'm one Of which he sent
man 10 Jail for contempt ot court; in the
other he broke up a COMPILATION that con-
trolled the manufacture and sale Of cast
iron pipe in thirty-siX states and terri
tories
Previous to beginning my scryice in NJ.
Taft's Cabinet" said Attorney General
Wickersuc'l to me on one occasion, Il
had not appeared in court for FIVE or six
years. \ telephone was at my elbow n
my New York Office and "A large part of
my time was spent in replying TO questions
IN morals and by ali the recognized rules
OF fair trade | might tell client you
are justified IN doing the thing YOU have
suggested, but an act Of the New YORK
Legislature or statute of the United
States makes il unlawful Do
A pilot in big business" was his real
occupation He received a fee Of Ssoep
for settling the traction taugle in Chicago.
Active as Theodore Roosevelt. whom he Pc
sembles somewhat. tenacious. ready for
combat either rough-and-tumbe or by the
rules of science the trusts have found IN
him a foeman who challenges their best
professional talent