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Updated: June 9, 2025
Neither the Interstate Commerce Act of 1887 nor the Sherman Anti-trust law of 1890, it will be remembered, had accomplished what had been expected of them. The Interstate Commerce law had met with grave obstacles in the courts; the Sherman act had been seldom invoked by the federal executive, and in the most prominent case, United States v.
Prior, the Attorney-General, thinks he will have little trouble in securing a temporary injunction. Later on he will move to make this permanent, and there will doubtless be a fight on that; but he thinks he can beat them under the new Anti-Trust Law. In the meantime it ties up the Philadelphia and Pittsburgh boards, and I think we can get back most of the smaller Pennsylvania agents we've lost.
Both of these attempts at industrial organization are condemned by the Sherman Anti-Trust Law and by certain similar state legislation as conspiracies against the freedom of trade and industry. The labor unions, consequently, like the big corporations, need legal recognition; and this legal recognition means in their case, also, substantial discrimination by the state in their favor.
It will well repay us now to make a careful study of all these anti-trust statutes, for the purpose of seeing whether they have introduced any new principles into the law, and also in what manner they express the old.
No direct evidence was presented to show that interstate commerce in sugar and the control of the sugar business and of prices were the chief objects of the combination. To the public it seemed that the corporations were impregnable, for even the United States government could not control them. The early history of anti-trust agitation centers about Henry D. Lloyd.
I see no objection-and indeed I can see decided advantages-in the enactment of a law which shall describe and denounce methods of competition which are unfair and are badges of the unlawful purpose denounced in the anti-trust law.
All had been thought out as calmly as the partition of Poland only, lawyers were required; and ultimately, after the process of acquisition should have been completed, a delicate document was to be drawn up which would pass through the meshes of that annoying statutory net, the Sherman Anti-trust Law.
The anti-trust act is the expression of the effort of a freedom-loving people to preserve equality of opportunity. It is the result of the confident determination of such a people to maintain their future growth by preserving uncontrolled and unrestricted the enterprise of the individual, his industry, his ingenuity, his intelligence, and his independent courage.
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.
I see no objection-and indeed I can see decided advantages-in the enactment of a law which shall describe and denounce methods of competition which are unfair and are badges of the unlawful purpose denounced in the anti-trust law.
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