Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-02-17

manner whatever. in order to prevent
or hinder competition therein, with re-
spect to such article, shall in any way
engage in interstate commerce for the
purpose of aiding or facilitating either
directly or Indirectly, such production
manufacture or sale. with intent 10
nonopolize the production, manurac-
ture or sale of any such articles nor
shall any other person or corporation
in any way engage in interstate com
merce, in buying, selling or disposition
of any such article of commerce. for
the purpose of enabling such nrst fneIi-
toned corporation to engage or 70 con-
tinue to engage in such production,
Manufacture or sale with sucn intent.
THE business of any person OF cor :
poration engaged in the manufacture
or ,,roduction or sale of any manulac-
tured article that may be the supJect VI
Interstate commerce which by reason
of ownership or control, of lands, grow
ing timber or other vegetable products
or containing coal, oil, IRON or other
minerals or metals used in the manu-
facture of such articles, or by reason
of ownership or control OF the inStru-
mentalities of manufacture, production
or sales shall have the power to con-
troll or affect in whole or in part, the
prices of said articles throughout the
United States so as to prevent, fore
stall. sthe, destroy or hinder compe-
tition therein, and which shall be so
troll or affect in whole or in part, the
prevent, forestall, stifie, destroy or him
der such competition, is hereby declar-
ed to be a monopoly within the mean-t
ing of this section. The foregoing def
milton shall not be held to include
business founded on 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 or aiding,
abetting, assisting COR counseling any
other person or corporation to violate
the same shall, on conviction, be pun
ishad by a fine of not more than five
thousand dollars or by imprisonment
in the penitentiary for not more than
five years or by both such fine and inn
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 five thousand dol
of penalties; and for the purpose of
said forfeiture every sale of goods,
wares or merchandise for shipment
outside the state where said corpora
ton is located and doing business with
the intent seto monopoliZe, and every
contract for such sale and every ship
ment Of such articles pursuant to such
sale or contract and every act of dis
or of giving special privileges or re-
bates shall be considered a violation of
this section
Section of the House bill imposes a
fine of $4,000 on common carriers for the
violation 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 a forfeit to the United States
and adds:
For the purpose of said forfeiture
every sale of goods, wares or merchan-
disc for shipment outside the state
where said 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
common carrier, every day that it en-
cages in the business of carrying or
interstate commerce shall constitute
violation of this section
fine of $4,000 or Imprisonment for
five years or both is imposed on per-
sons who may knowingly cause or aid
any corporation on to violate these
statutes.
1T was over these two substitutes
that the committee had it's sharpest
contest and closest votes. They were
carried by the full Democratic vote
with the assistance of three Republ-
cans, the senators voting for the
amendments being Messrs. Hoar, Mel
son and McComas, Republicans, and
Bacon, Pettus, Turner, Blackburn and
Cuiberson. Democrats
The negatives votes We're cast by
Senators Platt, Conn, Clark Wyo..
Fairbanks, Simon and Depew, all Re-
publicans.