New-York tribune., 1890-04-03
A NEW ANTITRUST BILL.
THE MEASURE REPORTED FROM THE SEN
ATE JUDICIARY COMMITTEE.
FINES AND PUNISHMENTs PROVIDED FOR VIOLA
TON OF THE LAw-THE BILL RE
CARDED As CoNsTITUTIoNAL

GARDED AS CONSTITUTIONAL
Washington, April (specaD.-The Senate judiciary
Committee did not spend much time, apparently, In
trying TO construct new Antitrust biii
out of the fragments Of the measures
turned over to it for consideration Oh
Thursday last and today reported back an essentially
new remedy for the evils threatened by combinations
in restraint of trade The bill was reported by Mr.
Edmunds who will generally be credited with Its
authorship though one section Of IT, the seventh. goes
further than the Vermont Senator thinks luclcious.
In the opinion, however, of Messr~ Vest George ana
Coke, members Of the committee the seventh section
docs not 90 far enough. Mr. Edmunds announced
that he would like to have the bill taken up as soon
as the Montana contest is out OF the way. The new
measure is follows:
Section l. Every contract, combination In the fo.m Of
trust otherwise conspiracy In restraint Of trade or
commerce among the several States with foreign nations
is hereby declared to be Illegal Every person who snail
make any such contract any such combination
conspiracy shall be deemed guilty of sdcncaror ana
conviction thereof shall be punished by fine not exceed
ing - COO or by impr! exceeding year or
BY said puashnen in the discretion OF the court
sec @ Every person who shall monopclize or combine
or consrirc with any Other preons to nonopozc
any part among the several states
with foreign nations. shall he deemed guilty OF msdc
mcanor and. conviction thereof shall be punished oV
fine not exceeding s5 600 by Imprisonment no, exceed
Ing year. by both said punshment In the discretion
Of the court.
3.
or otherwise conspiracy in restraint OF tade or com
nerco in any Territory United States o. the Dis
trct Of Columbia. in restraint OF trade or co"neroc
between any such Territory and another or between anv
sucb Territory or Territories and State or Sa'es or
the District Of Columbia with foreign nations or between
the District Of Columbia and any State or states or
foreign nations hereby declared Illegal Every person
who shall make any such contract or engage in any such
combination or conspiracy shall be deemed guilty OF
isdcueanor and conviction thereof shall be punished
by fac not exceeding $1,000. or by Imprisonment ho'
exceeding year by both said punishneh's Ill inc
discretion Of the court.
Sec The several Circuit Counts OF the United SAc
are hereby invested with jurisdiction prevent and re-
strain violations Of this act and it shall be the duty OF the
several dlsrctatcrnoys OF the United states III tef re-
spcctive districts under the direction OF tho Atlorney0en
elal to institute proceedings in equity to prevent ana re-
strain such Violations Such proceedings may be by way
Of petition setting forth the case and praying tnat such
violation shall be cnjoined or otherwise pro-
hibcd the parties complained Of shall have been
fllv notified Of such petition the shall proceed as
soon as may be- the hearing and determination OF the
case and pending such petition and before final Decree
tn may any time make such temporary restraining
order or n,oh on shall BE- deemed Just in the premises
Sec j. Whenever shall appear to the court before
which any prcccedpgs under sec. Of this act may be
pending tha, ends Of justice require that other parties
should he brought before the court the court may cause
them to be summoned whether they reside in the district
I'm which the court aad suhDochas to that enc
may be served IN any district by the marshal thereof
See g. ANY property owned under any contract or by
combination pursuant 10 any conspiracy '7
the subject thereof mentioned in Sec Of this act ana be-
ing in the course OF spor.aon from one state TO another
or to forcen country. shall be forfeited to the Ontd
stos and nav be and condemned by kc proceedings
as those provided by the forfeiture seizure ard con-
delnnaton OF property imported into the United States con-
trary law. .
Sec = ANY pe shall be injured In his business
or property other person corporation bF 'ao"
OF ANYTHING forbidden declared to be unlawful by is
act may sue therefor in any Circuit Court Of the Oh"d
States in the which the defendant resides o. IS
found without respect to the cunt in controversy anu
shall recover iee-od the damages by him sustained ahd
the costs OF suit including reasonable attorneys Zee
Sec 8. That the word "person' or persons" wher-
wyer v,d in this act shall be deemed TO include cor
porat,ons and existing under or auhoza
by the lows OF either United States. the laws OF any
Of the Territories laws Of any STATE, or the laws OF
any foreign country.
1t will he seen that the new measure diners rom
the sherman bill chiefly in a striccr adleiencc % .h
commerce clause OF the Constitution Tor au"TiN ~
LEGISLATION by Congress on ti> subject, ana III tic
Substitution Of mOnopOzine trade, instead ol CON-
bInnc 10 raise or lower prices "a the offence 10 DC
aimed at through a criminal prosecution. INC ~"
measure win undoubtedly be accepted As cOisutu-
fonal and it may be found practically eNccuve,
thoi,rh the scope Of the law. aS proposed mas Dcch
cresfiy limited The attempt to prevent dealing III
also been abandoned.