

CONGRESS. (THE PRESIDENT'S MESSAGE.) 



139 



and restrain such violations. It further confers 

 upon any person who shall be injured in his busi- 

 ness or property by any other person or corpora- 

 tion by reason of anything forbidden or declared 

 to be unlawful by the act the power to sue there- 

 for 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 na- 

 ture of a trust or monopoly in restraint of inter- 

 state or international commerce. 



The prosecution by the United States of of- 

 fenses 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 suc- 

 cessfully opposed and suppressed. 



President Cleveland in his annual message of 

 Dec. 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 ineffective, not be- 

 cause of any lack of disposition or attempt to 

 enforce them, but simply because the la\vs them- 

 selves 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 sub- 

 ject may fall short of its purpose because of in- 

 herent 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 can not 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 be- 

 tween 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 judi- 

 ciously exercise such power." 



The State legislation to which President Cleve- 

 land 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 in- 

 jurious combinations and those associations which 

 are beneficial and necessary to the business pros- 

 perity 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 uniform- 

 ity founded in a wise and just discrimination be- 

 tween 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 supplement an effective code of State legis- 

 lation as to make a complete system of laws 

 throughout the United States adequate to com- 

 pel a general observance of the salutary rules to 

 which I have referred. 



The whole question is so important and far- 

 reaching that I am sure no part of it will be 

 lightly considered, but every phase of it will have 

 the studied deliberation of the Congress, resulting 

 in wise and judicious action. 



A review of our relations with foreign states 

 is presented with such recommendations as are 

 deemed appropriate. 



The long-pending boundary dispute between 

 the Argentine Republic and Chili was settled in 

 March last by the award of an arbitral commis- 

 sion, on which the United States minister at 

 Buenos Ayres served as umpire. 



Progress has been made toward the conclusion 

 of a convention of extradition with the Argentine 

 Republic. Having been advised and consented to 

 by the United States Senate and ratified by Argen- 

 tina, it only awaits the adjustment of some slight 

 changes in the text before exchange. 



In my last annual message I adverted to the 

 claim of the Austro-Hungarian Government for 

 indemnity for the killing of certain Austrian and 

 Hungarian subjects by the authorities of the 

 State of Pennsylvania, at Lattimer, while sup- 

 pressing an unlawful tumult of miners, Sept. 10, 

 1897. In view of the verdict of acquittal ren- 

 dered by the court before which the sheriff and 

 his deputies were tried for murder, and following 

 the established doctrine that the Government 

 may not be held accountable for injuries suffered 

 by individuals at the hands of the public authori- 

 ties w r hile acting in the line of duty in suppressing 

 disturbance of the public peace, this Government, 

 after due consideration of the claim advanced by 

 the Austro-Hungarian Government, was con- 

 strained to decline liability to indemnify the 

 sufferers. 



It is gratifying to be able to announce that the 

 Belgian Government has mitigated the restric- 

 tions on the importation of cattle from the United 

 States, to which I referred in my last annual 

 message. 



Having been invited by Belgium to participate 

 in a congress, held at Brussels, to revise the pro- 

 visions of the general act of July 2, 1890, for the 

 repression of the African slave trade, to which the 

 United States was a signatory party, this Gov- 

 ernment preferred not to be represented by a 

 plenipotentiary, but reserved the right of acces- 

 sion to the result. Notable changes were made, 

 those especially concerning this country being in 

 the line of the increased restriction of the dele- 

 terious trade in spirituous liquors with the native 

 tribes, which this Government has from the outset 

 urgently advocated. The amended general act 

 will be laid before the Senate, w r ith a view to its 

 advice and consent. 



Early in the year the peace of Bolivia was dis- 

 turbed by a successful insurrection. The United 

 States minister remained at his post, attending to 

 the American interests in that quarter, and using 

 besides his good offices for the protection of the 

 interests of British subjects in the absence of their 

 national representative. On the establishment of 

 the new Government our minister was directed to 

 enter into relations therewith. 



Gen. Pando was elected President of Bolivia on 

 Oct. 23. 



Our representative has been instructed to use 

 all permissible friendly endeavors to induce the 

 Government of Bolivia to amend its marriage laws 





