al commonly
called "trusts" is matter of Federal jurisdiction. When organized, as
they often are, to crush out all healthy competition and to monopolize
the production or sale of an article of commerce and general necessity
they are dangerous conspiracies against the public good, and should be
made the subject of prohibitory and even penal legislation.
An act to protect trade and commerce against unlawful restraints
and monopolies was passed by Congress on the 2d of July, 1890. The
provisions of this statute are comprehensive and stringent. It declares
every contract or combination, in the form of a trust or otherwise,
or conspiracy in the restraint of trade or commerce among the several
States or with foreign nations, to be unlawful. It denominates as a
criminal every person who makes any such contract or engages in any
such combination or conspiracy, and provides a punishment by fine or
imprisonment. It invests the several circuit courts of the United States
with jurisdiction to prevent and restrain violations of the act, and
makes it the duty of the several United States district attorneys, under
the direction of the Attorney-General, to institute proceedings in
equity to prevent and restrain such violations. It further confers upon
any person who shall be injured in his business or property by any other
person or corporation by reason of anything forbidden or declared to be
unlawful by the act, the power to sue therefor in any circuit court of
the United States without respect to the amount in controversy, and to
recover threefold the damages by him sustained and the costs of the
suit, including reasonable attorney fees. It will be perceived that the
act is aimed at every kind of combination in the nature of a trust or
monopoly in restraint of interstate or international commerce.
The prosecution by the United States of offenses under the act of 1890
has been frequently resorted to in the Federal courts, and notable
efforts in the restraint of interstate commerce, such as the
Trans-Missouri Freight Association and the Joint Traffic Association,
have been successfully opposed and suppressed.
President Cleveland in his annual message of December 7, 1896--more than
six years subsequent to the enactment of this law--after stating the
evils of these trust combinations, says:
Though Congress has attempted to deal with this matter by legislation,
the laws passed for that purpose thus far have proved
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