Show THE REGULATION OF TRUSTS President Roosevelt In his messace that portion relating to trusts put forward for-ward tho clause in the Constitution which gives Congress power over the regulation of Interstate commerce as authority under which Congress may regulate trusts whose business is conducted con-ducted In more than one State The Idea zrrows on one the more it is considered con-sidered This is evidently the Iew also of E W Huffcut professor of law In Cornell University who contributes to the Independent a strong article How Congress May Control the Trusts He points out that the States cannot control con-trol because no State can deny to a corporation engaged In interstate commerce com-merce the right to do business within Its borders nor can It control such commerce com-merce beyond the exercise of the neces sary police powers But before the union of the Slates any one of them might have forbidden a corporation chartered In any other from doing business busi-ness within ito borders or might have prescribed the conditions undor which it might do business there Any State maystill do this In the case of any corporation cor-poration not engaged in Interstate commerce as an Insurance company The States therefore surrendered that power as to Interstate commerce transactions trans-actions and corporations To whom dfd they surrender It Evidently to the Natlonol Government If that power then does not exist In the National Government It does not exist at all it has been lost But the idea that a power of this kind has been lost altogether al-together IB Inconceivable It nurely cx Ists yet The grant to Congress of the power to regulate Interstate commerce is not a restriction It Is a con errln roC r-oC power and if the States are prohibited prohib-ited from exorcising that power which at tho time of the formation of tho Union they undoubtedly pooseysed It must be because they conferred that power upon Congress Another clause of tho Constitution Is cited to give force to the argument viz that which reads The powers not delegated to tho United States by the Constitution nor prohibited prohib-ited by It to the States arc reserved to the States respectively or to the people peo-ple The power underdiscussion was certainly not reserved to the States for they have parted with Itj the conclusion conclu-sion Is that in the language quoted they delegated it to tho United Stales Professor Huffcut concludes therefore that the United Stales has power not merely to regulate tho interstate com merco of corporations but to prohibit such corporations from engaging in interstate commerce at all or lo fix the terms and conditions upon which they may engage In Interstate commerce It IB a wellreasoned conclusion and from it time principle lo laid down that the United Stales may prescribe conditions upon which any corporation engaged In Interstate commerce may do buslncsu In this country If a corporation becomes be-comes unruly or evil in its exactions or oppressions it may bu denied the right to do an interstate business at all that IB the right to Hell its product outside of the Slate where It IB domiciled domi-ciled or to purchase Its nupplicu outside the Slate of its domicile That would be a drantlc cure sure enough and ICon IC-on testing tho power of Congress In thin mailer such power be found to exist In that body then there la nothing to do but to proceed with tho necessary legislation legis-lation und the trust evil is a thing of the past |