The Montgomery advertiser., 1903-02-17

 BILL AMENDED Senate Committee Decides
 to Report It. ITS SCOPE IS ENLARGED Platt of New York and Clark of Wyoming Fight to Last. Fine of sS,ooo or Imprisonment for 5 Years for All Persons Who
 Knowingly Aid in Viola
 ton of statute.
ITS SCOPE IS ENLARGED

-e-
 Washington, Feb. 16.-The Senate Con- mittee on Judiciary today concluded con~ sideration of the ldttlefield anti-trust bill and decided to report 1t to the Senate with number of important admendments. Tho most important changes were made in connection with sections and of the House biIl for which the Senate commit tee win recommend complete substitutes.
 Section as the bill passed the House prohibited persons engaged in violating the provisions of the law from using any of the instrumentalities of interstate commerce. This purpose Is retained in the substitute of the Senate committee. but the scope of the provision is enlarged so that as agreed on 1t reads as follows:
 Its Scope Enlarged.
 That no corporation engaged in the production. manufacture or sale thereof in State. by discrimination in prices or by giving special privileges or rebates or in any other manner whatever. in order to prevent or hinder competition therein, with respect to such article. shall in any way ingaged in interstate commerce for the purpose of aiding or facilitating either directly or indirectly. such pro- dactior. manufacture or sale with intent to monopolize the production. manufact- ure or sale of any such article; nor shall any person or corporation in any way en- gage in interstate commerce, in buying, selling or disposing of any such article of commerce tor the purpose of enabling such first mentioned corporation to eu< gage or continue to engage in such pro- duction, manufacture or sale with such intent. The business of any person or corporation engaged in the manufacture. production or sale of any manufactured article that may be the subject of inter state comm free which by reason of ,owna+shtp or control of lands. growing timber ss othss vegetable products or com taifsfnN coal. oil or other mincraiz or metals used in the manufacture of such article or by reason of ownership or con- trol of the instrumentalikies of naanu- lecture, production or sale, shall have the power to control or afYect in whole or in part the price of said articles throughout the United States, SO as to prevent. forestaIi. stifile. destroy or hinder competition therein, and which shall be so conducted in whole or in part as to prevent. forestall. stiffe or hinder such competition Is hereby declared to be monopoly within the meaning of this section. Tho foregoing definition shall not be held to include business founded on a secret process so long as the secret is confined to one manufacturer or pro- ducer.
 Fine of Imprisonment.
 rAny person violating either of the pro- visions of this section. or aiding. abetting. assisting or counselling any other person or corporation to violate the same, shall, on conviction. be punished by a fne of not more than $500 or by imprisonment in the penitentiary for not more than five years or by both such fine and imprison- ment at the discretion of the court Any corporation violating the provisions of this section shall. for every such act, forfeit to the United States the sum of 5000 to be recovered as In sther cases of and for the purpose of said forfeiture every sale of goods, waresk or merchandise for shipment outside the State where said corporation Is located and doing business with the intent so to ,and every contract for such sale and every shipment of such articles pursuant to such sale or contract and ev- cry act of discrimination with such intent. in prices or of giving special privileges or giving of rebates shall be deemed a of this section"
 The new section also prescribes the con- ditions under which it shall be unlawful for any corporation heretofore organised to engage in interstate commerce. These conditions are as follows:
 First-When the capital stock of such corporation has been fixed at a sum greater than the sum actually paid in cash or in property at It's actual cash value. unless the excess has been actual ly subscribed by bona fide subscribers and is subject to call in the manner provided by the law of the State where organized.
 second-When the paid up capital stock of such corporation has been increased by the purchase with its own stock of the stock of other corporations at value in excess of fair cash value of the latter, or paid for with its own stock at a vaIua- tion less than fair cash value.
 Third-When paid-up capital stock of such corporation has been increased by the purchase with it's own stock at par or less of property at a valuation based on earning capacity and good will, when such valuation is In excess of the cost of duplicating said property. if the prop erty be manufacturing or producing plants, railroads or steam vessels. or is in excess of its fair cash value. if the property be mines. real estate. or any class of unimproycd property.
 Enlarges the Opening.
 Section of the House bill imposes a fine of 5000 on common carriers for the of this act or the existing in- terstate commerce law. The substitute uses the word corporation" instead of the words common carrier" and pro- vides for forfeit to the United States and adds:
 For the purposes of said forfeiture. every sale of goods, wares or merchant disc for shipment outside the State where said corporation Is located and doing bust ness, and every contract for such sale and every shipment of such articles pur- suant to such sale or contract, and if such corporation be a common carrier. every day that 1t engages in the business of carrying on interstate commerce shan constitute a violation of this section"
 A fine of $5,00O or imprisonment for five years, or both, is imposed on persona who may knowingly cause or aid any to violate these statutes.
 It was over these two substitutes that the committee had Is sharpest contest and closest vote. They were carried by the full Democratic vote with the assist. auee of three Repuhiieapa, the Senators