Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-17
CHANGED IN COMMITTEE
REPORT ON THE HOUSE ANTI
TRUST BILL.
A Number Of Very Important Amend
mepts-Three Republicans Vote
With the Democrats.

portant amendments. The most important
changes were made In connection with Sec
lions 6 and Of the House bill, for which
the Senate committee will recommend COM
plete substitutes.
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:
Penalty for Engaging in Monopoly.
That no corporation engaged in the pro-
duction manufacture or sale Of any article
which may be the subject Of interstate ccm-
merce attempting to monopolize the produc-
ton, manufacture or sale thereof in any
state, by discrimination in prices, or by CIV
ing 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 engage in
interstate commerce for the purpose Of aid
Ing or facilitating, either directly or in
directly, such production, manufacture, or
sale with intent to monopolize the produc-
ton, manufacture or sale of any such arti-
Gle; nor shall any other person or corpora
ton in any way engage in interstate COM
merce, In buying, selling, or disposing of
any such article of commerce, for the pur-
pose Of enabling such aforementioned cor
poration to engage or to continue to engage
In such production. manufacture or sale,
with such intent. The business Of any per-
son or corporation engaged in the manu-
facture, production, or sale OF any manufac-
tured article that may be the subject OF
interstate commerce, which by reason Of
ownership or control Of lands. growing tim
Der or other vegetable products, or con-
tanning coal, OIL, iron or other minerals or
metals used in the manufacture of such
nrffo ln onh Ny~ ,P L.,
troll Of the instrumentalities of manufac-
ture, production or sale, shall have the
power to control or affect, in whole or in
part, the prices Of said articles throughout
the United States, so as to prevent, fore
stall, stife, destroy or hinder competition
therein, and which shall be SO conducted,
In whole or in part, as to prevent. forestall.
stif1e, destroy or hinder such competition
is hereby declared to be monopoly within
the meaning of this section. The foregoing
definition shall not be held to include a bust
ness founded on secret process so long as
the secret is confined to one manufacturer
or producer.
ANY person violating either of the pro-
visions of this section, aiding, abetting
assisting or counselng any other person or
corporation to violate the same, shall. on
conviction be punished by a fine of not
more than 5000 or by Imprisonment in the
penitentiary for not more than five years,
or by both such fine and imprisonment. at
the discretion Of the court. Any corpora
ton violating the provisions of this section
shall, for every such act forfeit to the
United States the sum of $1,000 to be re-
covered as in other cases of penalties; and
for the purpose Of said forfeiture every
sale Of goods, wares or merchandise for
shipment outside the state where said cor
poration is located and doing business with
the intent so to monopolize, and every con-
tract for such sale, and every shipment of
such articles pursuant to such sale or con-
tract, and every act of discrimination, with
such intent, in prices or Of giving special
nrVilpPaS rebates shall he considered a
violation of this section"
The new section also prescribes the con-
ditions under which it shall be unlawful
for any corporation hereafter organized to
engage In interstate commerce. These con-
ditons are as follows
First. The capital stock of such corpora
ton has been fixed at sum greater than
the sum actually paid In in cash or in
property at its actual cash value, unless
the excess has been actually subscribed by
bona fide subscribers and is subject to call
in the manner provided by the law of the
state where organized.
Second. 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 a value in excess
of fair cash value Of the latter, or paid
for with it's own stock at a valuation less
than a fair cash value.
Third. The paid-up capital stock Of such
corporation has been increased by the pur-
chase with it's own stock, at par or less OF
property at valuation based on earning
capacity and good will, when such valua-
ton Is in excess of the cost Of duplicating
said property, If the property be manufac-
turing or producing plants, railways or
steam vessels, or Is in excess of Its fair
cash value If the property be mines, real
estate or any class of unimproved property
Section of the House bill imposed
fine of 5000 on common carriers for the
violation of this act or the existing inter-
state commerce law. The substitute uses
the word Corporation instead of the
words common carrier" and provides for
a forfeit to the United States, and adds:
For the purposes Of said forfeiture every
sale of goods. wares merchandise for
shipment outside the state where said cor
poration is located and doing business, and
every contract for such sale, and every
shipment of such articles pursuant to such
sale or contract. and if such corporation be
a common carrier. every day that it en-
cages in the business of carrying on inter-
state commerce shall constitute violation
of this section.
A fine of 5000 or Imprisonment for five
years both is imposed on persons who
may knowingly cause or aid any corpora
ton to violate these statutes.
Party Lines Broken.
It was over these two substitutes that the
committee had its sharpest contest and clos
est votes They were carried by the full
democratic vote with the assistance of three
republicans. the senator's voting for the
amendments being: Messrs Hoar, Nelson
ana MCCOuldS, repuDllcdnS, ana Bacon Pet-
tus. Turner. Blackburn and Culberson,
democrats. The negative votes were cast
by Senators Plat of Connecticut, Clark of
Wyoming. Fairbanks. Simon and Depew,
all republicans.
Many other changes were made In the text
of the bill The first few lines of section /
were stricken out and the following substi-
tuted:
THAT whenever the interstate commerce
commission in cases of common carriers,
the Department Of Commerce and Labor In
other cases. shall deem 1t desirable to in
quire whether any corporation engaged in
interstate foreign commerce has re-
strained or monopolized such trade com
merce. or attempted to restrain or monopo-
lize such trade or commerce. said interstate
commerce commission or the Department of
Commerce and Labor as the case may be,
shall require such corporation to file re-
turns with the interstate commerce commits
sion or the Department of Cmmerce and
Labor. at such times said commission, or
the Department Of Commerce and Labor,
may require, which returns shall be in ad-
dition to any other returns required by law
ANY corporation required to file returns
under the provisions of this section shall
state, among other things which said inter-
state commerce commission or the Depart
ment of Commerce and Labor may from
time to time prescribe. its name, date of