Omaha daily bee., 1903-02-17
GIVES TRUST BILL TEETH
Senate COMMITTEES Materially Strengthens
Littlshsld'E Anti-6ombins Measure.
DECIDES TO REPORT WITH MANY CHANGES
PosaI. VotfnE with Others Against
Amendments and Standing
Against Finished work.

" roN. Feb. 1.-THE senate
comm. he Judiciary today concluded
consideras Of the Littlebeld antitrust
bin and decfded 10 report it with a number
OF importsnt amendments
The most important changes were made
in connection with sections and !. FOR
which the senate committee win recon-
mend complete substitutes.
Section 6, ss the bin passed the house,
prohibited persons violating the pro
visions Of the law from engaging in inter
state commerce. This provision Is retained
in the substitute Of the senate committee
but the penalties are much more severe.
The section no. reads.
That NO incorpura ton engaged IN The
rrOd OduCtiun. manufacture or sale OF any
article which may be the subject Of inter
stHle commerce, attempting 10 munupohHe
The production. mHuufH CTure or sale thereof
IN any state. by discrimination In prices or
by giving special privileges or rebates or
ia any other manner whatever in order TO
prevent or hinder competition therein. snail
IN any way engage IN Interstate cummerco
either directly or Indirectly, such prGuuC-
ton. manufacture or sale with intent TO
monopuhze the production, Manufacture or
Eale Of any such article, neither shall any
other person or curpOrH tiOn in any way en-
Eage In Interstate commerce II buying
selilie OF oifposlng ut any such article, Tor
the purpose OF enabling such hrst-nen-
toned corporation to engage or continue
20 engage N such production, manufacture
or sale. with such intent
The business OF any person or corporation
engaged In the Manufacture. production or
sale OF auy manufactured article that may
be the subject Of interstate commerce,
which by reason Of ownership or control OF
LANDS. growing timber or other vegetable
products, or containing coal OIL iron or
other minerals or metals used in thp manu-
1hctCTe Of such article, OF by reason Of
ownership or control OF the instrumental
ties Of manufacture production or sale,
shall nave the power 10 control or affect in
whole OF in part, the prices Of said articles
( throughout the UufIed States SO as 10 rre-
vent, fOI estall, stfhe, destroy or hinder
competition therein and which shall be 30
vent, forestau sttfie, destroy or hinder
such competition. is hereby declared 10 be
section. The foregoing defiutuJn shall not
be held to include a business founded on
secret process. 80 long as the secret is con-
fined TO one manufacturer or producer.
Any person violating either Of the pro-
Z visions Of this section or aiding. abettinE.
assisting or counsehnE any other person
or corpora tiun TO violate the same, shall
/ on conviction, be punished by Hne Of not
more than $1,000 or by imprisonment In the
J penitentiary for not more thar five wears,
} or by both such fine and Imprisonment Al
/ the discretion OF the court. ANY CORPORA
4 ton Violating the provisions OF this section
stall for every such act forfeit 10 the
United States the sum Of 5000, to be re
I covered in other cases Of penalties, and
Z for the purpose OF such forfeiture every
/ sale of goods wares or merchandise for
shipment outside the state where said cor
( pOrRtlon is located and doing business vita
( the intent so 70 monopolise, and every con-
tract fof such sale and every shipment Of
! such articles pursuant 70 surih sale or con
4 such intent, in prices or Of giving special
! privileges or rebates, shall he considered q
violation of this section
Hope 40 SqueeEe ouT water.
The new section also prescribes the con-
/ ditions under which IL shall be unlawful
! fer any corporation hereafter organized TO
engage in interstate commerce. These con
ditiuns are as follows:
l. The capital stock Of such corporations
I has been fixed al sum greater than the
sum actually paid in In cash or in property
al its actual cash value, unless the excess
/ has been actually subscribed by bona fide
J subscribers and Is subject 10 call IN the
manner provided by the law Of the state
] where organized.
/ 9 The paid up capital stock Of such cor
4 purHtiOn has been Increased by the pur-
chase Of its own stock or the stock Of other
] corpora tionE al value in excess Of a
( fair cash value Of the latter or pHid for
! with its own stock al valuation less than
( g The paid up capital stock Of such cor
poration has been increased by the pur-
chase with its own stock AT par or less oi
property at a valuation based on earning
( cana city and good will. when such Valua-
tiOln is in excess Of the cost OF duplics tins
said property, II the property he manufac-
/ turing or producing plants, railways, OF
steam vessels, or is In excess Of its fair
cash valne II the property bt mines, rea
estate or any class Of untmproved prop
erty.
Section : Of the house bin imposes 9
fine OF 81 600 on oo-umon carriers for the
violation Of the act or the existing inter
state cumms-ce Law. The substitute uses
the word corporation instead Of the
words common carrier" provides for 1
forfeit to the United States and adds;
For the purposes Of said forfeiture every
sale Of goods wares OF merchandise foi
pors rion IL located and doing business and
every contract for such Eale, and every
III such corporation be q common CHrriei
every GAY that n engages in the business
of carrying on interstate commerce shaI
constitute q violation of this section.
fine Of S. eco, or Imprisonment for i've
years. OF both is imposed on persons VIII
may knowingly cause or aid any corpora
tion 10 violate these statutes
Committee Vote is Close.
II was over these two substitutes thai
the committee had its EhErpest cuntes'
and closest votes.
They were carried by the fun democratic
vote, with the assistance Of three repub-
hcans, :hs senators voting for the amend
ments being Messrs. Hoar CMass.), Mel
SOD MIMI ana Ac-ouihs AMA)r iNf1D
hcHns. and Bacon (GR), PsttuE ala
Turner WASH, Bluckburn CKy) and Cul'
bersun CTennl. democrats.
The negative votes were cast by Senators
. Plat tCunnD CLARK fWyn). Fairbanks
gndl Simon tOre) ana Depsw CN. Y. al
republicans.
Many other changes were made in tn
text OF the hill The FIRST few lines o
section ] were struck out and the follow
, ing substituted:
, That whenever the Interstate COmmeru
, T commission. IN cases q common carrier
> az me Department Of Commerce ana Ia
b0r in other cases, shall deem IL desira bl
I 10 inuure whether any corporation en-
r. red IN interstate OF foreign CommeTc
has restrained or mOnopolized such trad
or commerce. or attempted 10 restrain q
; m0nopalize such trade or commerce. sal
Interstate Commerce commission, or IN
Isnnrrmeu1 Of Commerce and Labor. Z
7 ] the case NAV be shall require such cor
norntiun 10 file returns with the Interests Z
. Commerce commission o. the DepArtmeu
/ % CumuErCe anc la Dor al such times q
said commissiun or the Department Of Com
7 merce and Labor may require, which re
I turns returned by law. ANY curporatio
} required 10 nle returns Under the pruyi
1 Eiuus - this section shall state. anon
other things, which said Interstate Com
Z Tnerue commission nr The Department q
I Commerce and Labor from time 20 i'm
may prescribe, irs name GATE or orgEnizH
1 tiun. etc.
lOther portions a. section ] we're left a
J A. came trUm the house as were ElH