Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-06-10
REVISION OF SHERMAN Law
Plan for New Antitrust Statute
r. Submitted TO the
President.

plan for New Antt-Trust statute
r. Submitted TO the
Presfdsnt.
NEW YORK, June "A special to the
Herald from washington says:
President Roosevelt he's authorised the
publication of letter received by him
from John r. Dos Passos, a lawyer. OF
New York City, who recommends an ex-
tensive revision of the Sherman antitrust
law to the end that It may discriminatory
apply to injurious combinations. but not
to railroads. The end which Mr.. Dos
Passos seeks TO attain is the elimination
Of politics from the question of govern
mental restriction of trusts and railroads.
He submitted to the president a draft of
bill which meets hts views.
Mr.. Dos Passos is working along a line
to which the president has given much
thought and which he will probably ask
the next congress to deal with. The presi-
dent believes that the governments func-
ton Of railroad regulator should be exer-
cised entirely through interstate commerce
laws He would much rather proceed
against railroads under interstate com
merce laws than under the Sherman anti
trust law In presenting to the president
his bill Mr.. Dos Passos says;
"A law to be efflcacous must cover the
following points First. the destruction OF
existing pernicious combinations; second,
the punishment OF future organizers and
officers Of such combinations; third, the
forfeiture of the property embraced IN
Illegal combinations; fourth, the full re-
muneration of those injured by such as
sociations; NTH, the creation OF summary
criminal and civil remedies, preventive and
vlndicatory."
President Roosevelt Is much interested
in the ideas submitted to him by Mr.. DOS
Passos. He has received many other sug-
gestions from men prominent in the busi-
ness world on the same subject Senator
Beveridge of Indiana, in his magazine de-
bate with Mr.. Bryan. recently advocated
thorough overhauling OF the Sherman
antitrust law.
! "In my judgment. the whole subject OF
trusts must be bodily carried out OF the
| field of politics and placed in the domain
| of pure legislation" says Mr.. Dos Passos
in his letter You are the only Individual
who can accomplish this removal. Your
courage, Independence. knowledge and pa
| triotism naturally make you a dictator In
| this particular field. A rare opportunity
! is thus presented to you. Within the limits
Of reason, both parties will follow you.
| On the other side, in the hands OF poll
ticians the question will receive neither
proper nor intelligent treatment"
/ The distinctive features OF and reason
for the draft OF law proposed by Mr..
Dos Passos are given by him as follows:
First the act, contract or combination
| must be injurious TO the public This
meets an objection to the Sherman law,
| which assails all commercial combine
tions, whether reasonable or unreasonable.
Second. the act, contract or conbinA-
tion must be passed upon by jury. This
| is where the subject legitimately belongs.
1t primarily should be left with the people
4 to decide whether certain acts are in
| furious to their welfare or not. Hereto
] fore these questions have been left to the
judges 1t was too great burden for the
! judiciary II has created confusion and In"
consistencies IN the decisions.
the Jury 10 tho teeis of Angio-ssxor
civilization The' tribunal Is not fauitless.
| because II is human, but no better one has
ever been conceived. II should be con-
nded to these twelve disciples of liberty
and progress TO say whether the particu-
lar combination attacked Is hurtful to tho
true interests of the community; whether
trade or commerce are injurfously at
fected. We oan rest assured that the ques-
ton viii be safe In their hands. The jury
system has never been oppressive II has
never vet checked true business develop
ment On the contrary, It has been iden-
tilted with every step in our progress-
"Third-The proceeding under this act
Is summary. No one will hereafter reck-
4 IessIy defy the law. If he does forfeiture
and sure punishment await him. Nor IL
the public dependent upon public oficials
to enforce the law, for the nth feature OF
the act is that 1t may be SGT in motion by
any citizen residing in the district where
the ofrense is committed.
-"sixth-Provision is made for protecting
bona-hde holders of securities.
"Seventh-It eliminates railroad corpora
lions from the effects of the law
FINALLY, initiating that -unrivaled sys-
tenn OF the common law. no offense is sps-
cincally defined; but It is generally pro-
vidsd that all acts combinations, etc.
against Interstate trade or commerce In
furious TO the people Of the United States
are illegal. II ia left to the jury to deter
mine what acts are injurious and to the
Judge to decide whether they fall within
the commerce clause of the constitution" "