The labor world. [volume] (Duluth, Minn.) 1896-current, 1915-09-04
Continued from Paxe 8.

1 asers of such articles; prohibiting it
to sellers OF commodities and per-
hitting it to sellers of services, was
a. matter of Legislative judgment and
we can not say that the distinctions
made are palpAbly arbitrary, which
we have seen is the condition Of ju-
dicial review. It is to be remembered
that the question presented Is Of the
power Of the legislature, not the pol
! icy Of the exercise Of the power. To
be able to find fault with such policy
is not to establish the invalidity Of
+ the law based upon it, /,
The case involved no, question as
between the members of combina-
ton and those injured in their prop
/ erty or business by their acts. It
arose in a prosecution by the state Of
| Missouri against the. defendant, a
Wisconsin corporation, for a viola
ton of the act because formed by the
combination of q number of compel
ing corporations designed and made
to lessen free competition in COM
modities Manufactured by them. -.
It must be admitted, however, that
this case goes very tar in unfolding
the right OF a state legislature to
exclude particular class Of organi-
cations from the otherwise general
statutory condemnation OF combina-
tibns in restraint of trade. -
ca But viewed in another aspect,
the Clayton Act may be considered
! as depriving Individuals of the pro-
lection of their liberty or property, if
attacked by organizations of the
character described in section s.,
which the law would secure to them
against any other aggressor; thus
constituting arbitrary class legisla-
| ton.
The constitutionality Of the act de-
Ponds primarily upon whether or not
it is a valid exercise by congress Of
the power to regulate interstate COM
merce. Congress is possessed Of no
such general underlined police power
as that which the courts have held
was reserved by the states out of the
grant Of powers to the federal, gov
sernment contained in the constitu-
ton of the United States. The pow
ers so granted to congress are ex-
pressly restricted by the fifth amend
nent, and If a proposed regulation
of commerce among the states in
wolves the deprivation Of the life, lib
erty or property of any person with
out due process of law, it must be
held invalid. In this respect, the
powers of congress are more restrict
ed than those of state. Even a
state statute making illegal as an
unlawful trust all combinations OF
capital, skill or acts between two or
more persons. etc.. for the purpose
of restricting trade, limiting produc-
ton, increasing the price of merch-
andise, preventing competition, etc.,
for the purpose of restricting trade,
limiting production, increasing the
price Of merchandise, preventing
com petition, etc, was held repugnant
to the fourteenth amendment to the
Constitution Of the United States, be-
cause it Contained a clause providing
that the provisions of the act should
not apply to agricultural products OF
live stock while in the hands Of the
producer or raiser. The court said
-" The Courts Opinion.
"All except producers of agricul-
tural commodities and raisers of live
stock~who combine their capital, skill
or acts for any of the purposes while
/
in respect OF their products or live
stock in hand are exempted from the
operation Of the statute and may
combine and do that which, if done
by others, would be a crime against
i the, state The statute so provides
notwithstanding persons engaged in
trade or in the sale OF merchandise
or commodities within the limits OF
the state and agriculturalists and
raisers Of live stock are all in the
same general class, that is; they are
all alike engaged in domestic trade
which is, OF right, open to all, sub
ject to such regulations, applicable
alike to all in like conditions as the
state may legally prescribe.
'The difficulty is not met by saying
that generally speaking the state
when enactng, laws may, in its dis.
erection, make a classification of per.
sons, firms, corporations and associa.
tons in order to subserve public oh.
jects. For this court has held thai
classification must always rest upo1
some difference which bears a rea.
sonable and just relation to the ac1
In respect to which the classification
is proposed, and can never be mad.
arbitrarily and without any sucl
basis. .>but arbitrary selection car
never be justified by ealing it classi
fcation. - The equal protection de.
madded by the fourteenth article
forbids this. t., =:
>" A States Power.
When a state. by legislation seek,
TO- regulate the enjoyment Of right.
and the pursuit OF callings connected
with domestic trade. ><
':.it can not divide those engaged il
trade into classes and make criminal.
Of one class II they do certain for;
hidden things, while allowing anothe,
and favored class, engaged in tn,
same domestic trade, TO- do. the sam,
thing with impunity. It is one thing
to exert, the power OF taxation SO q,
to meet the expenses, Of government
and at the same time indirectly built
up or protect particular interests o,
Industries. It Is quite q ditferen
thing for the state under it's genera
/