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Updated: June 9, 2025
The effect of this decision was not merely the absolute nullification of the Anti-Trust Law, so far as industrial corporations were concerned, but was also in effect a declaration that, under the Constitution, the National Government could pass no law really effective for the destruction or control of such combinations.
In the fourteen years during which this contest was waged, about forty defendants, one of the plaintiffs, and eight judges who had passed on the controversy, died. The outcome served as a spur to the Federation in hastening through Congress the Clayton bill of 1914, designed to place labor unions beyond the reach of the anti-trust laws.
It may be that such a plan will be evolved, but I submit that the discussions which have been brought out in recent days by the fear of the continued execution of the anti-trust law have produced nothing but glittering generalities and have offered no line of distinction or rule of action as definite and as clear as that which the Supreme Court itself lays down in enforcing the statute.
The passage of the Interstate Commerce Act in 1887, for instance, was an early recognition of the fact that the transportation problem of the nation transcended state bounds; the Sherman Anti-trust law of 1890 arose from the realization that commercial and industrial unity were rapidly coming to pass; the American Federation of Labor brought workmen from all states and many trades into a single organization.
The motion carried, and that was the last we heard of the Force Bill. The McKinley Tariff, the Anti-Trust Law, the Sherman Coinage Act, and the Federal Election Bill were the important bills passed before this Congress.
"Well, this thing will be an ad for you, besides, if the papers can be got to notice it. They're coy with their notices, confound them, since Tausig let them know that big Trust ads don't appear in the same papers that boom anti-Trust shows!" "How long are you going to stand it, Mr. "Just as long as I can't help myself; not a minute longer." "There ought to be a way some way "
The Committee's study showed that, despite a half century of anti-trust law enforcement, one of the gravest threats to our welfare lay in the increasing concentration of power in the hands of a small number of giant organizations. During the war, this long-standing tendency toward economic concentration was accelerated.
In June 1922, in the Coronado case, the Court held that unions, although unincorporated, are in every respect like corporations and are liable for damages in their corporate capacity, including triple damages under the Sherman Anti-Trust law, and which may be collected from their funds.
Two earlier organizations had a brief existence, the National Labor Union and the Industrial Brotherhood. Above, pp. 133-134. For the effect on the Knights of Labor, see p. 310. For the legal side of this matter, consult Wright, Industrial Evolution, 278-282. The Court based its action mainly on the provisions of Section 2 of the Sherman anti-trust law, which thus had an unforeseen effect.
We have, for instance, in 1890, seven anti-trust laws; in 1891, six; in 1892, one; in 1893, eight. In 1894, doubtless as a consequence of the panic, anti-trust legislation absolutely ceased, and in 1895 there is only one law, passed by the State of Texas, its old law having been declared unconstitutional.
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