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 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.
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