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Trustees of Shelby College, 2 Metc. Brass v. North Dakota, 133 U.S. 391. The Federalist, No. 60th Congress, 2d Session, Senate, Report No. 848, Adverse Report by Mr. Nelson, Amending Anti-trust Act, January 26, 1909, page 11. Standard Oil Company v. United States, 221 U.S. 1. United States v. American Tobacco Company, 221 U.S. 191, 192. To Spencer Roane, Sept. 6, 1819, Ford, 10, 141.
Eternal vigilance is the policy of the Magnates in keeping their sleuths ever on the alert for the unearthing of the plans of the anti-trust advocates. In every city detectives are untiring in their efforts to discover the work of the Committee of Forty.
The real trouble comes only in the Federal anti-trust act, because the machinery of this clumsy statute, a bill in equity, imposes upon judges the duty of finding the facts. This doctrine of conspiracy is so old in England that I am unable to trace it to its source.
When the Progressives charged the Taft Administration with being easy on the Big Interests, Attorney-General Wickersham resorted to a simple sum in arithmetic in order to contradict them, showing that whereas Roosevelt began forty-four Anti-Trust suits, and concluded only four important cases during his seven and a half years in office, under Taft sixty-six new suits were begun and many of the old ones were successfully concluded.
All of these breweries except one pleaded guilty to the charges against them and paid penalties aggregating $276,000, also expenses incurred by the Attorney General's office, totaling about $10,000, and the court costs, and they accepted an injunction restraining them from violating the state anti-trust laws and contributing to political campaigns in the future.
For example, the Sherman Act and other anti-trust legislation, ostensibly mere regulations of commerce, but actually designed for the control and suppression of trusts and monopolies; the federal Pure Food and Drugs Act, designed to prevent the adulteration or mis-branding of foods and drugs and check the abuses of the patent-medicine industry; the act for the suppression of lotteries, making it a crime against the United States to carry or send lottery tickets or advertisements across state lines; an act to prevent the importation of prize-fight films.
Paret," said the banker, "not only because I know something personally of your legal ability, but because I have been told by Mr. Scherer and Mr. Barbour that you happen to have considerable knowledge of the situation we are discussing, as well as some experience with cases involving that statute somewhat hazy to lay minds, the Sherman anti-trust law." A smile went around the table. Mr.
Is the steam engine too strong? Is electricity too swift? Can any prosperity be too great? Can any instrument of commerce or industry ever be too powerful to serve the public needs? What then of the anti-trust laws? They are sound in theory. Their assemblances of wealth are broken up because they were assembled for an unlawful purpose. It is the purpose that is condemned.
The anti-trust laws, the anti-pooling laws, factory legislation of all kinds, anything in short that interferes with the unrestricted use of property by its owner are roundly condemned and violated by evasion.
The law makes the exception, nearly universal in the Southern and Western States, that this anti-trust legislation shall not apply to agricultural products, live stock in the hands of the producer, nor to the services of laborers or artisans who are formed into societies or trades-unions an exception which, of course, makes it class legislation, and has caused the whole law to be declared unconstitutional, so far as I know, by the highest court of every State where it has been drawn in question, and under the Fourteenth Amendment also by the Supreme Court of the United States; and in this spirit President Taft has just acted in preventing a joint resolution of Congress appropriating money to prosecute trusts from exempting labor unions.
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