New-York tribune., 1903-02-17
LITTLEFIELD OUTD0NE.
HIS BILL MADE OPER.
Reported from N-. Hoor's Com
mittee 7c7fh Radical amendments


on the Judiciary to-day concluded consideration
of the Littefield Antitrust bill and decided to
veport 1t to the Senate with number Of amend
'nents The most important changes were mace
| in connection with Sections and of the
House bill. for which the Senate committee
will recommend complete substitutes
Section 6, the bill passed the House pro
hibited persons engaged in violating the proVis-
ions of the law from using any of the lnstr"-
mentalitIes of interstate commerce. ms pu'
pose is retained in the substitute Of the senate
mttee but the scope of he proNls1th Is
enlarged so that as agreed on. it reads as IL
lows:
That no corporation engaged in the prouu',
tion manufacture or sale of any article WHICH
may be the subject of interstate commerce a.
tempting to monopoze the productioh' ma Az
facture sale thereof any state oy iI uis
| elimination in prices, or by giving p specia.
, privileges or rebates. or in any. other ilaIl' i
whatever in order to prevent hinder compe,
tition therein with respect such artlcle Silsi'
in any way engage in interstate commerce Tor
the purpose of aiding or facilitatinS either a.
recty indirectly, such production manu-
facture sale with intent to monopol1ze tIe
production. manufacture or sale or any suCh
article; shall any other person or corpora
ton in any way engage in interstate coiilihelct
article OF commerce. tor the puIpu. ..
enabling such first mentioned corporation 10
engage or to continue to engage In such pro
duction, manufacture or sale, with SucH III
tent The business of any person or corpora
ton engaged in the manufacture produclloh'
or sale of any manufactured article that may
be the subject of interstate commerce, Whlch
by reason of ownership or control or !ands.
growing timber or other vegetable products,
or containing coal. oil, iron or other minerals
metals used in the manufacture or Sucn
articles, or by reason of ownership or controi
of the instrumentalities of manufacture, pro
duction sale. shall have the power to control
or affect in hole in part. the prices or
said articles throughout the United states, so
to prevent. forestall, stide, destroy or hlnoer
competition therein, and which sh II be so con-
Quoted in whole in part. to prevent,
forestall, stfe. destroy or hinder SUCH com
petition, is hereby declared to be a monopoly
within the meaning of this section. The fore
going definition shall not be held to include
q business founded a secret process. so long
as the secret is confined to one manufacturer
or producer
Any person violating either of the provisions
of this section. aiding, abetting. assisting or
counsellng any other person corporation to
violate the same, shall, on conviction be pun
iShed by a fine of more than $1,000 or by
imprisonment in the pententi5rv for not more
than five wears, by both such fine and I'M
prisonment at the discretion of the court Any
corporation violating the provisions of this sec
tion shall for every such act forfeit to the United
States the sum of 5000, to be recovered as in
other cases of penalties: and for the purpose or
said forfeiture every sale of goods, wares or
merchandise for shipment outside the State
where said corporation is located and doing
business with the intent so to monopoltze and
every contract 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 of giving special privileges
or rebates shall be considered violation of this
section
PROHIBITS OVERCAPITALIzATION.
The section also prescribes the conditions
under which it shall he unlawful for any
poration hereafter organized to engage in inter
state commerce. These conditions are as fol-
lows:
First-The capital stock of such corpora ton has
been fixed at sum greater than the sum actually
value. unless the excess has been actually sub
scribed by bona fde subscribers and is subject TO
state where oTgaaized: ,-.1 ..., >, ~ ~ - ~
ba ben v b nc5as &
It's own stock Of the stock s Of ether rat
or paid for with its own stock at valuation less
Third-The paid-up capital stock of such corpora
ton has been increased by the purchase with its
based ssrhng capssity a4S good VII When
iTg said property if the property be manufactirng
or producing plants railways or steam vessels or
mines. real estate or any class of unimproved
property.
Section of the House bill imposes a fine Of
5000 common carriers for the violation of
this or the existing Interstate Commerce
law. The substitute uses the word corporation
instead of the word common carrier and pro-
vides for a forfeit to the United States and
adds:
For the purposes of said forfeiture every sale of
goods, wares or merchandise for shipment outside
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 engages in the
constitute a violation of this section
A fine of $1,000 or Imprisonment for five years.
both, is imposed on persons who may know
ngy cause aid any corporation TO violate
these statutes
HOT FIGHT IN COMMITTEE.
II was over these two substitutes that the
committee had it's sharpest contest and closest
votes. They We're carried by the full Democratic
vote with the assistance of three Republicans,
the Senators voting for the amendments being
Messrs. Hoar. Nelson and McComas, Republi-
cans, and Bacon, Pettus, Turner, Blackburn and
Culberson, Democrats. The negative votes were
cast by Senators Platt Comm, Clark CWyoD.
Fairbanks Simon and Depew, all Republicans
THE PUBLICITY FEATURE.
Many other changes were made in the text
Of the bill. The 1rst few lines of Section were
stricken out and the following substituted:
That whenever the Interstate Commerce Commis-
sion in cases of common carriers or the Depart
nent of Commerce ana Labor IN other cases. @ snal
ton engaged interstate or foreign commerce has
restrained or monopozeo scch 1Iaae f, o h trade
or commerce. said Interstate Commerce Commission
case MAY ps' 5adii Iterstate Sommerce Commission
such times said commission or the Department
~ ,lrne ehaIi he in ADDITION to any other returns
required by law. ANY corporation required to ME
state. among other things, which said Interstate
Commerce Commission or the Department OF C4m-
date of organization etc
other portions of Section were left as it same
from the House. as were also Sections . and
f. except that the minimum fine of 5000 for fail
ing to make returns is stricken out, leaving a