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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Oct. 24, 1902)
nm"f" r "" wnw w-y S v- v v 1 I i k a The Commoner. Oct-- afjo02 . been' rosorted to with, respect to the tniat mag nates? And is it not strange that after It has been ' demonstrated that tho 'hoof trust magnates have practically Jgnorod tho injunction and have con tinued their combination in the face of that injunc tionis it not strange that tho indictment has not boon resortod to as tho offcctivo weapon in theso cases? It is significant that in tho presonco of this gigantic ovll, an ovil which is hoing felt by every consumer in tho land, tho attorney general, repre senting a party that has boon in control of all branches of tho federal government for nearly six yeard, could only cito four instances In which pro ceedings had been taken against monopolies? Ono of tho most Interesting features of Mr. Knox's address was. that wherein ho gave an il lustration showing tho difference botweon a rea eonablo and an unreasonable arrangement or con tract at common law. Ho cited as a reasonable and valid arrange ment an instance where a business and its good will was sold with tho agreement" on tho part of tho' vendor not to engage In competition in 'a similar business. Ho pointed out that "This covenant-is, of course, in restraint of trado, and interferes with competition. But to malco a contract such as this illegal is not ' only restrictivo of tho liberty of contract, but it is depriving ono o his property without duo . process of law. Good will is property capable of being appraised, bought, and sold. In many cases it is tho main incrodlent of valuo. It ropresants all tho struggle, industry, tact, and judgment that makes success. In estlmat , ing tho worth of a business it Is not infre- quontly reckoned more valuable than the build ings and macninery that make up the physical plant . "Such a contract has been hold reasonable and valid." Then Mr. Knox proceeded to give an "unrea sonable agreement Ho referred to the case en titled "Morris Run Coal Company vs. Barclay Coal Company," in the supremo court of Pennsylvania. The principal question was as to tho vnlMftv nf n contract made between five coal corporations of Pennsylvania by which they divided between themselves two coal regions of which they had the control. Mr. Knox explained: "Tho referee in tttq case found that those companies acquired under their arrangement the power to control tho entire market for bi . tuminous coal in the northern part of tho state, and their combination, was, therefore, a restraint upon trade and against public pol icy." It wasiicontonded that the real purpose of the combination was to lessen expenses, to advance thje "quantity of the coal and to deliver in markets intended to be supplied in the best order to the consumers; but the supreme court of Pennsylvania answering -this contention, said: "The Important fact is that these compa nies control, this immense doal field; that it is the great source of supply of bituminous coal iu uie Biato ox. inow Yorlt and large territories westward; that by this contract they control tho price of coal in this extensive market, and make it bring sums it would not command if left to tho natural Jaws of trado; that it concerns aiwirticla of prime necessity for many uses; that its operation is general in this large region, and affects all who use coal as a fuel, and this is accomplished by a combination of all the companies engaged in this branch of business in tho largo region where they oper ate. Tho combination is wide in scope, gen eral in Its influence, and injurious in effects. Theso being its foatures, the contract is . against public policy, illegal, and therefore void." This was Mr. Knox's sample of an unreason able and an unlawful agreement; and yet less than two or three weeks ago Mr. Knox reported to tho president that he .aould find no authority for pro ceeding against tho gigantic coal trust that is now imposing upon the coal consumers of this coun try! t , Will it not occur to the average man that the very court decision which M. Knox here cited by way of illustrating what ho believes to bo an un reasonable and an unlawful agreement condemns also the unreasonable and unlawful agreement by which the coal barons of this country are impos ing upon tho people? - uum In one portion of his address Mr. Knox said "Every constitutional question is an open on unl til it is authoritatively closed by a decision of the supreme court" How, then, does it happen that -Mr-Knox-has advised tho president that proceed ings should not bo commenced against tho great steel trust or the great coal trust? And how does it happen that ho has not advised tho president that tho criminal clause of the Sherman act be en forced against all trust magnates? If tho ques tion is "an open ono until it is authoritatively closed 'by a decision of the supremo court?.' why does 'this republican attorney general hesitate to onforco the law as he finds it on the statute books, exerting his best efforts, with the means within his reach, and making It necessary for theso wealthy violators of tho law to persuade tho supreme court to close theso "open questions' before the man pre sumed to bo tho law officer of the people considers the questions closed? In another portion of his address, Mr. Knox said: "The time never was when the English speaking people permitted tho articles neces sary for their existence to be monopolized or controlled, and all devices to that end found . condemnation in the body of their laws. Tho great English judees Dronounced that sunh manifestations of human avarice required no statute to declare their unlawfulness, that they were crimes against common law that is, against common right" What are tho people of tho United States do ing when they see tho articles necessary for their existence monopolized and controlled by greedy men? And what are their representatives in Washington doing? The republican congress has failed to provide new legislation and the republi can attorney general has proceeded in but four instances, while with respect to two of the greatest trusts, he has reported to the president that the plain and explicit statute relating to trusts is not - disobeyed by theso combinations. And yet in his stump speech this same attorney general tells us that "the great English judges pronounced that such manifestations of human avarice required no statute to declare their unlawfulness, that they were crimes agalnBfc common law that is, against common right" f Is it not strange, then, that this eminent law yer, admitting that these things aro-crimes against common law and being required to admit that they are crimes against explicit statutory law, reports to the president that he is unable to proceed against tho steel trust or against the coal trust and can point to onlyfour instances in which he has commenced proceedings? Mr. Knox delivered a very interesting address, but he did not give the people the right to hope that the republican administration's boasted campaign against trusts." will be at all serious. The things which he said, and said well, in the effort to make a polished and attractive speech can only serve, in the judgment of intelligent men, as a condemnation of the inactivity of tho republi can administration with respect to trusts an in activity which, we may well believe, Mr. Knox has been, in a large degree, responsible for. JJJ A Bit of "Horseplay." 4 ThQ New York Tribune, a republican paper, connects the Roosevelt administration with a bit . of what in the parlance of the street is known as horse play." The Tribune actually charges that on several occasions during Mr. Roosevelt's visit 1 KeWEn?land thG PresWont was impersonated by Mr. Moody, the secretary of the navy, who bears a striking likeness to the president. The Tribune says: "Passing through the numerous New Eng land villages that were close together, it be came somewhat of a task for the president to show himself and greet tho crowd at every station. The resemblance of tho secretary of the navy to the president In height, build and general physical appearance offered a plan bv which Mr. Roosevelt could be rested. Mr Moody, donning a high silk hat, putting on a pair of .eyeglasses and buttoning a frock coat tightly across his chest, would repair to the rear platform, lift his hat and smilingly bow right and left to the throngs as the train passed slowly along. 'Tbere he is. There's the president,' the people would shout, and cheer after cheer would roll up.", fUnd?UbGd,ly tlle menaber3 of the administra tion Party had a great laugh over the successful way in which they had deceived the Now England villagers Thai ts, too, a bit of the pathetic in the situation. Men and women who assemble in SE??i? d honor to the Proslent of tho United States and to get a glimpse of that personage are hardly deserving of being made tho victims of prac tical joke3 by men supposed to bo sufficIenHv nifleel to occupy cabinet offices. Bumclen"y ulg. Indeed it would bo difficult to believe tw tu Roosevelt would consent to such a misrepresent tion or that a cabinet officer would enS?,, joke like this unless the informant were a rem Sh can paper that could bave no possible motivn i misrepresenting either Mr. Roosevelt or Mr. Mooril And yet we may be pardoned for Buceeqtw tho thought that there is not a wide difference h? tween the misrepresentation practiced by Secretn , of the Navy Moody in palming himself off aV?S president and the "campaign against trusts" whffh the administration has been protending to w-1 in the presence of a patient and long suffer, ing people. fa uutr JJJ Lawless Coal Companies. The Commoner, in a recent issue, suggested a federal law prohibiting railroads engaged in in terstate commerce from owning coal mines. The Washington Star calls attention to the fact that there is such a law now in Pennsylvania, the stat ute reading as follows: "Sec. 5. No Incorporated company doing business of a common carrier shall directly or indirectly prosecute or engage in mining or manufacturing articles for transportation over its works; nor shall such cbmpany di rectly or indirectly engage in any other busi ness than that of common, carriers or hold or acquire lands, freehold or leasehold, direct ly or indirectly, except as shall be necessary for carrying on its business; but any mining or manufacturing compariy may carry the prod uct of its mines and manufactories on its rail roads or canals not exceeding fifty miles." But the law is not enforced and i't is not fair to leave the rest of the people to the mercy of the coal trust merely because a republican governor will not enforce the. law. It should be the federal law also and should be enforced in the interests of the whole people. The coal mine owners present a pretty spec tacle demanding protection from lawlessness when they are themselves conspicuous law-breakers, and the governor who is so prompt to callout the mi nima to protect the mines ought to explain why he takes no steps to punish the' larger violators of the law. JJJ "Prosperity" and Prosperity. - An interesting editorial appeared in the Min neapolis Times of September 19, In this editorial it was said: "When republican leaders of eastern affilia tions and tho men who kotow to tTem, like Shaw, Henderson of Iowa, some of our Minne sota officials, and others who might bo named throughout the country at largo, insist that prosperity is dependent upon protection and that to reduce the tariff on iron and steel, for Instance, would be to frighten capital, they must mean that prosperity is dependent upon tho size of the dividends paid on watered stocks in tho United States Steel company and sim ilar organizations. They must mean that, if manufacturers had to be content with tens instead of hundreds of millions, of profit; had to put up with a yearly increment on the capital invested that a decade ago would havo seemed enormous instead of returns that never before had been heard of, the country would go to the demnition bow-wows. Plain people are not prepared to believe that prosperity is the child of any such conditions, is dependent upon the satisfaction or the disgruntlement of men who have been made enormously rich by tariff impositions." It is a good sign when republican papers speak thus boldly. Many people have been persuaded to believo that prosperity is dependent upon the size of the dividends paid on watered stocks; some plain people have been prepared to believe that prosperity is the child of the conditions against which tho Times' editorial inveighs and that pros perity is dependent upon the satisfaction of men who have been made enormously rich by tariff im positions and by other impositions made possible by the favors of tho republican party. "We need not close our eyes to the truth. Wo need not flatter ourselves that the people will not be again and again deceived. It Is the duty of men who think and of newspapers that dare to print tue truth to place the truth before tho people at ovep Possible opportunity in order that the plea u , the rePubUcan party should be defeated capital will become frightened" may not operate successfully for republican victory and against tho -interests of the masses of the people. V ffSraffl