ineffective, not
because of any lack of disposition or attempt to enforce them, but
simply because the laws themselves as interpreted by the courts do not
reach the difficulty. If the insufficiencies of existing laws can be
remedied by further legislation, it should be done. The fact must be
recognized, however, that all Federal legislation on this subject may
fall short of its purpose because of inherent obstacles, and also
because of the complex character of our governmental system, which,
while making the Federal authority supreme within its sphere, has
carefully limited that sphere by metes and bounds which cannot be
transgressed. The decision of our highest court on this precise question
renders it quite doubtful whether the evils of trusts and monopolies can
be adequately treated through Federal action, unless they seek directly
and purposely to include in their objects transportation or intercourse
between States or between the United States and foreign countries.
It does not follow, however, that this is the limit of the remedy that
may be applied. Even though it may be found that Federal authority is
not broad enough to fully reach the case, there can be no doubt of the
power of the several States to act effectively in the premises, and
there should be no reason to doubt their willingness to judiciously
exercise such power.
The State legislation to which President Cleveland looked for relief
from the evils of trusts has failed to accomplish fully that object.
This is probably due to a great extent to the fact that different States
take different views as to the proper way to discriminate between evil
and injurious combinations and those associations which are beneficial
and necessary to the business prosperity of the country. The great
diversity of treatment in different States arising from this cause and
the intimate relations of all parts of the country to each other without
regarding State lines in the conduct of business have made the
enforcement of State laws difficult.
It is apparent that uniformity of legislation upon this subject in
the several States is much to be desired. It is to be hoped that such
uniformity founded in a wise and just discrimination between what is
injurious and what is useful and necessary in business operations may
be obtained and that means may be found for the Congress within the
limitations of its constitutional power so to supplem
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