The Owosso times. (Owosso, Mich.) 1897-1926, 1908-03-27

should be an amendment of the anti
trust law because of the uncertainty as
to how this law affects combinations
among labor men and farmers, If the
combination has any tendency to re-
strict interstate commerce all o.!
these combinations, if and while ex
listing for and engaged in the promo.
ton of innocent and proper purposes
should be recognized as leSal AS i
have repeatedly pointed out, this anti
| trust law was a most unwisely drawn
statute. 1t was perhaps Inevitable
that in feeling after the right remedy
| the first attempts to provide such
| should be crude, and it was absolutely
| imperative that some legislation should
| be passed to control, in the interest
| of the public. the business use of the
enormous aggrcgations of corporate
wealth that are so marked feature
| of the modern industrial world. But
the present antitrust law, in its con-
| struction and working, has exempli.
| fled only too well the kind of legisla.
| ton which, under the guise of being
thoroughgoing, is drawn up in such
sweeping form as to become either
Ineffective or else mischievous.
In the modern industrial world COM
binations are absolutely necessary.
I They are necessary among business
men; they are necessary among labor
| ing men; they are becoming more and
more necessary among farmers. Some
of these combinations are among the
most powerful of all instruments for
| wrongdoing. Others offer the only eff
| fective way of meeting actual business
needs. 1t is mischievous and unwhole-
| some to keep upon the statute books
unmodified a law, like the antitrust
| law, which, while in practice only par
TALLY effective against vicious combina-
lions, has nevertheless in theory been
| construed so as sweepingly to prohibit
every combination for the transaction
| of modern business. Some real good
| has resulted from this law. But the
time has come when it is imperative to
modify it. Such modification is urgent
| ly needed for the sake Of the business
men of the country, for the sake of the
| wageworkers and for the sake of the
| farmers. The congress cannot afford
to leave it on the statute books in its
| present shape.
1t has now become uncertain how
] far this law may involve all labor or
| CARNATIONS and farmers organizations,
! as well as all business organizations, in
conflict with the law, or, If we secure
literal compliance with the law, how
| far it may result in the destruction of
the organizations necessary for the
transaction of modern business, as
well as Of all labor organizations and
| farmers organizations, completely
| check the wise movement for securing
| business cooperation among farmers
and put back half a century the prog
| ment of labor. A bill has been pre-
scented in the congress to remedy this
| situation. Some such measure as this
, bill is needed In the interest of al;
| engaged in the industries which are
| essential to the country's well being.
| do not pretend to say the exact shape
| that the bill should take, and the sug-
gestions l have to offer are tentative,
and my views would apply equally to
any other measure which would
| achieve the desired end Bearing this
in mind, / would suggest, merely ten
| tatively, the following changes in the
law:
Should Not Draw the Teeth
The substantive part of the anti
| trust law should remain as at present
| that is, every contract in restraint of
trade or commerce among the several
states or with foreign nations should
continue to be declared illegal, pro.
vided, however, that some proper gov
ernmental authority (such as the com
missioner Of corporations acting under
the secretary of commerce and labor
be allowed to pass on any such con-
tracts. Probably the best method of
providing for this would be to enact
that any contract, subject to the pro-
hibitiOn contained in the antitrust law,
into which it was desired to enter,
might be filed with the bureau of cor
pOrations or other appropriate execu-
tive body. This would provide public
ity. Within, say, sixty days of the fl.
ing-which period could be extended
by order of the department whenever
for any reason 1t did not give the de-
partment sufficient time for thorough
examination--the executive department
having power might forbid the con-
tract, which would then become sub
ject to the provisions of the antitrust
law II at all in restraint Of trade
Liability Should Be Reduced.
If no such prohibition was issued,
the contract would then only be liable
to attack Oh the ground that it consti-
tuted an unreasonable restraint of
trade. Whenever the period of filing
had passed without any such prohibit
ton the contracts or combinations could
be disapproved or forbidden only after
notice and hearing with reasonable
provision for summary review on APP
peal by the courts. Labor organiza-
tons, farmers organizations and other
organizations not organized for pur-
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