The Birmingham age-herald., 1903-02-17
L|TTLEFIELD BILL
 READY ID REPORT Senate Committee Adds Num-
 Der of Amendments ITS SCOPE IS ENLARGED Section Covering Rebates Is Left Out Entirely, as It Is Fully Covered
 By EIkins Bill Which Was
 Recently Passed.
ITS SCOPE IS ENLARGED

Washington, February 16-The senate committee on judiciary today concluded consideration on the Littlefeld antitrust bill. and decided to report it to the sem ate with a number of important amend- ments. The most important changes were made in connection with sections and { of the house bill, for which the senate committee will recommend complete sub stitutes.
 Section 6, 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:
 Provisions as Agreed On.
 That no corporation engaged in the production, manufacture or sale Of any article which may be the subject of Inter- state commerce, attempting to monopo- lize the production, manufacture or sale thereof in any state by discrimination in rrices or by giving special privileges or rebates, or in any other manner whatso- ever, in order to prevent or hinder com petition therein with respect to such ar
 ticle, shall in any way engage in inter- state commerce for the purpose of aiding
 or facilitating, either directly or indirect ly, such production manufacture or sale with intent to monopolize the production,
 manufacture or sale of any such article; nor shall any person or corporation in any way, engage Tn inter-
 state commerce in buying, selling or dis posing of any such article or commerce for the purpose of enabling such first mentioned corporation to engage or con tinue to engage In such production, man.
 Ufacture or sale with such intent.
 "The business of any person or corpora
 tion engaged in the manufacture, .produc- ton or sale of any 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 the manufacture of such articles,
 or by reason of ownership or control of the instrumentality of manufacture, pro-
 duction or sale, shall have the power to control or affect In whole or in part the
 price of said articles throughout the
 United States, so as to prevent, forestall,
 stifie, destroy or hinder competition there-
 in, and which shall be so conducted in
 whole or in part as to prevent, forestall, stifie or hinder such competition, is here- by determined to be monopoly within
 the meaning of this section. The fore going definition shall not be held to inc clude a business founded on a secret pro- cess so long as the secret is confined to one manufacturer or producer. f-
 Fine of s5ooo.
 Any person violating either of the pro- visions of this section, or aiding, abetting,
 assisting or counseling any one person
 or corporation to violate the same, shall
 on conviction, be punished by a fine of
 not more than $50o0 or by Imprisonment in the penitentiary for not more than five years; or by both such fine and im-
 prisonment, 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 $50O0 to be recovered as in other cases of penalties.
 The new section also prescribes the
 conditions under which 1t shall be unlaw- full for any corporation hereafter organ ized to engage in interstate commerce. These conditions are as follows:
 An Unlawful Combination. l. When the capital stock Of such cor- porations 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 actually subscribed by bona fide subscribers and Is subject to l call in the manner provided by the law l of the state where organized.
 g. When the paid-up capital stock of such corporation has been increased by | the purchase with it's own stock of the stock of other corporations at value in ] excess of fair cash value of the latter, | or paid for with it's own stock at valu- | ation less than fair cash value. 8. When paid-up capital stock of such | corporation has been increased by the | purchase with its own stock at par or less | of property at a valuation based on earn l ing capacity and good will, when such | valuation is in excess of the cost of dupli-
 eating said property, if the property be l manufacturing or producing plants, rail-
 roads or steam vessels, or If in excess of | its fair cash value if the property be mines. real estate or any class of unim- proved property.
 A fine of $50O0 or imprisonment for five I years or both is imposed on persons who
 may knowingly cause or aid any corpor- | ation to violate these statutes
 Fight Over Substitute.
 It was over these two substitutes that the committee had its sharpest contest and closest vote. They were carried by
 the full democratic vote with the assist
 ance of three republicans the senators
 voting for the amendments being Messrs. Hoar, Nelson and McComas, republicans,
 and Bacon, Pettus, Turner Blackburn and Culberson, democrats. The negative
 votes were cast by Senators Platt of Con- I necticut, Clark of Wyoming, Fairbanks. Symon and Depew, all republicans. Only two votes were cast against the
 final motion to report. the bill These
 were given by Senator Platt of Connect icut and Senator Clark of Wyoming. Senator Nelson offered substitute for the entire bill. specically declaring against
 mergers on the part of combinations. but 1t was not accepted.