The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-02-17

day concluded consideration of the Lit
tlef1eld antitrust bill and decided to
report it to the senate with amend
ments. The most important changes
were made in connection with sections
6 and Z, 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 law from US
ing any of the instrumentalities Of in
terstate commerce. This purpose is
retained in the substitute of the senate
committee, but the scope of the pro-
vision is enlarged, so that as agreed on
1t reads as follows:
Of Larger Scope.
THAT no corporation engaged in the
production, manufacture or sale of any
article which may be the subject of in
terState commerce attempting to mo-
nopoliZe the production, manufacture
or sale thereof in any state, by dis
elimination in prices or by giving spe-
cial 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 COM
merce for the purpose of aiding or IA
cilitating, either directly or Indirectly
such production, manufacture or sale
with intent to monopoliZe the produc-
uon, manufacture or sale of any such
article; nor shall any other person or
corporation in any way engage in in
terstate commerce, in buying, selling
or diSposing of any such article of COM
merce for the purpose of enabling such
hrst mentioned corporation to engage
or continue to engage in such produc-
uOn, manufacture or sale with such in-
tent, the business of any person or
corporation engaged in the manufac-
ture, production or sale of any manu-
faPfnra6 article ha ha c111
Ject 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
instrumentalities 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, stif1e, destroy or hinder COM
petition therein, and which shall be so
conducted, in whole or in part, as to
prevent, forestall, stif1e, destroy or
hinder such competition, is hereby de.
clared to be a monopoly within the
meaning of this section. The forego-
ing definition shall not be held to in
clude a business founded on a secret
process, so long as the secret is con-
fined to one manufacturer or producer.
Fine of $1,000.
ANY person violating either of the
provisions of this section or aiding.
abetting, assisting or counseling any
other person or corporation to violate
the same, shall, on conviction, be pun
ished by fine of not more than $4,000
or by imprisonment in the penitentiarv
for not more than five years, or by both
such fine and Imprisonment, at the
discretion of the court. Any corpora
tion violating the provisions of this
section shall forever forfeit to the Unit
ed States the sum of $4,000, to be recov-
cred as in other cases of penalties:
and for the purpose Of said forfeit
ure every sale of goods, wares or mer-
chandise for shipment outside the state
where said corporation is located and
doing buSinesss with the intent so to
monopoliZe and every contract for such
sale and every shipment of such arti-
cles pursuant to such sale or con-
tract, and every act of discrimination.
with such intent, in prices or of giving
special privileges or rebates shall be
considered a violation of this section"
The new section also prescribes the
condition under which it shall be un-
lawful for any corporation hereafter
organized to engage in interstate COM
merce. These conditions are as fol-
lows:
Unlawful Conditions.
"First-The capital stock of such cor
poration has been fixed at a sum greater
than the sum actually paid in in cash or
In property at its actual cash value un-
less the excess has been actually subscrib-
ed 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 ex-
cess of fair cash value of the latter or
paid for with its own stock at valuation
less than fair cash value.
'Third-The paid-up capital stock of
such corporation has been increased by
the purchase by its own stock at par or
ing capacity and good will, when such val
uatlon is in excess Of the cost of dupli-
catlng SAID property if the property be
manufacturing or producing plants. rail-
ways, or steam vessels. or is in excess
Of its fair cash value if the property be
mines; real estate, or any class of unim-
proved property"
Section of the house bill imposed
hne OF $4,000 on common carriers
for the violation of this act or the ex
listing interstate commerce law The
substitute uses the word Corpora
ton instead Of words common car
rier," and provides for a forfeit to the
United States, and adds:
For the purposes of said forfeiture
every sale of goods, wares or merchan-
disc for shipment outside the state
where Sdlu corporation is located and
doing business, and every contract for
such sale, and every shipment of such
articles pursuant to such sale or con-
tract, and if such corporation be a.
common carrier, every day that it en-
cages in the business of carrying on
interstate commerce shall constitute
a violation of this section"
A fine Of 600 or Imprisonment for
five years or both is imposed on per-
sons who may knowingly cause or aid
and corporation to violate these stat
uteS.
Nelson Votes With Democrats.
1t was over these two substitutes that
the committee had it's sharpest con-
test and closest votes. They were car
ried by the full Democratic vote with
the assistance of three Republicans.
the senators voting for the amend
ments being Hoar, Nelson and Nc
Comas, Republicans; Bacon, Pettus.
Turner, Blackburn and Culbertson.
Democrats. The negative votes were
cast by Senators Platt, of Connecticut:
Clark, of Wyoming; Fairbanks, Simon
and Depew, all Republicans.
The other changes were made in the
text of the bill. The first few lines