Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-01
At THE White HOUSE THE FORAKER BILL
Fairbanks Boom for Vice Considerable Comment at the
President Capitol Today
SOME SPECULATI0N|B BOTH PARTIES TALK
POSSIBILITIES IN WHAT AUTHOR HIMSELF
DELEGATES. SAYS OF IT
Cadets Will Go to the Any About
St. Louis object
BOTH PARTIES TALK
WHAT THE AUTHOR HIMSELF
SAYS OF 1T.
Never Consulted With the President or
Any One Else About It
Its Real Object.

Senator Foraker's bill amendatory of the
antitrust and interstate commerce laws
has created furry of interest among poll
ticians at the Capitol. Democrats and re-
publicans were discussing the bill today
from partisan viewpoints and with refer
ence to It's possible effect upon politics.
From the trend of the talk it appears to be
likely that Senator Foraker's bill may cut
considerable figure in political discussions
in Congress between now and the meeting
Of the national convention.
Democrats show a disposition to attach
Significance to the bill from the fact that 1t
was offered by Senator Foraker, one OF the
Presidents strongest supporters in the Sen
ate They assume, for the sake of their
argument that such an important Dill un-
der such distinguished sponsorship must
have significance. The democratic cohten-
ton is that the bill II enacted into law,
would weaken the effect of the antitrust
legislation on the statute BOOKS, Whlch mas
already been used to good advantage py the
government in prosecuting alleged uniaw-
full combinations in the restraint of trade.
Democrats at the Capitol today pointed
to the fact that MI William n, heais. .is
candidate for the presidential nomination
on the score of being the only real hVe
"trust-buster'' in the world, is already up In
arms against the BILL and Is making nay
tOr MS preSlOSntldl Dooui W titoA 6,Ho
the republicans are backsliding In their
antitrust campaign.
Republicans of the Senate and House do
not take much interest in the oiil. me ne
only political significance which tney see
can attach to it's Introduction is the posi-
bility of democrats distorting IT IN their
efforts to gain political capital: Repubhcan
senators pooh-poohed the ldea lhae 'ne
offering of this measure is indication OF
any weakening of the republican ATTITUDE
toward limitation of combinations IN re-
straint of trade.
What Mr.. Foraker Says.
Senator Foraker, the author of the bill, In
conversation with a Star reporter TINS al
ternoon expressed surprise over the commo-
tion which has been raised IN the demo-
cratic camp by the Introduction of the Dill
.'rhere is absolutely no political signifi-
canoe in the introduction of this bill, said
Senator Foraker. Il nave never SPOKEN p'
to President Roosevelt or any one else
upon the subject and have not discussed 1t
with any other senators. l have had 1t III
mind to offer the bill for more than year,
but refrained while the Northern Securities
case was pending before the courts
1.-The bill does not, as the democrats
charge. render nugatory the effect of the
antitrust laws. If this bill should become
law 1t would make the Sherman-Hoar meas.
ure exactly what its trainers intended 1t
should be, statute in accordance with
the common law restraining combinations
operating in defiance of the public veal
Senator Foraker pointed out that IN the
trans Missouri decision of the Supreme
Court the minority opinion of the court held
that the so-called Sherman-Hoar law pro-
hibited all combinations in restraint of
trade whether they were inimical to the
public interests or not Senator Foraker
thought that combinations OF capital which
do not harmfully affect the public interest
should not be interfered with by existing
laws.
Senator Hoar Quoted.
His bill, he said, gave the courts discre-
ton to decide which combinations restrain
ed commerce and which did not Senator
Foraker cited the evidence of one of the
trainers Of the Sherman law. Senator Hoar
of Massachusetts, in support of the change
to be accomplished by the Foraker bill
Senator Hoar in his memoirs discussed the
question in this language:
''It was expected that the court in ad-
minjStering the law would confne its OPP
erations to cases which are contrary to the
policy of the law, treating the words agree
ments in restraint of trade as having
technical meaning such as they are suppos-
ed to have in England.
s.,rhe Supreme Court of the United States
went in this particular further than was
expected In one case 1t held that the
bill comprehended every scheme that might
be devised to restrain trade or commerce
among the several states or with foreign
nations
From this opinion several of the court,
including Justice Gray, dissented. 1t has
not been carried to its full extent since,
and 1 think will never be held to prohibit
the lawful and harmless combinations
which have been permitted in Ills country
and in England, without complaint like
contracts of partnership, which are usually
considered harmless.
I'VE thought it was best to use this gen.
eral phrase, which, as we thought, had an
accepted and well-known meaning in the
~vs-l~ r1-x, 6a1 Iaaya
construed by the courts and a body of de-
cisions had grown up under the law Con-
gress would be able to make such further
amendments might be found by expert
ence necessary.
In Line Of Amendment Suggested.
Senator Foraker said that his bill was in
the line of amendment suggested by Sena-
tor Hoar, one of the trainers Of the anti
trust law. He added that 1t was also in
accordance with the suggestion made by
Attorney General Knox in his famous Pitts
burg speech on antitrust legislation. Sem
ator Foraker said he thought the bill would
be considered by the Senate, but that
there was no organized campaign in behalf
Of it's passage
Senator Forakers bill provides that moth
ing in the act to regulate commerce ap-
proved February 4, 1877, or in the act to
protect trade and commerce against unlaw-
full restraint and monopolies approved July
acts, shall hereafter apply to foreign COM
merce or shall prohibit any act or any
contract in restraint of trade or commerce
among the several states. provided that
such restraint be reasonable: or shall here
after authorize Imprisonment or forfeiture
of property as punishment for any viola
ton OF such act, except for perjury or for
contempt of court.
Republican Senator's Views.
Some prominent republican senators are
in favor of amending the trust laws along
the line Of the Foraker bill, but do not
think that 1t can be attempted on the eve
Of a presidential election. They say 1t
would only come about after long period
of educational work in the direction sug-
gested by Senator Hoar. They think that
much depends upon the form of the Su-
preme Courts decisions In the pending
merger cases. If the Supreme Court should
in the merger case materially modify it's
former position and leave loophole for
reasonable construction the legislation
contemplated by the Foraker bill would
not be necessary. But If the court should
adhere to a rigid interpretat ton of the Sher-
man act influential sentiment In behalf Of