The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1908-04-01

as to how this law affects cOmbina
lions among labor men and farmers
if the combination has any tendency
to restrict interstate commerce. AL
of these combinations, If and while
existing for and engaged in the promo
ton of innocent and proper purposes
should be recognized as legal. AS
have repeatedly pointed out, this anti
trust law was most unwisely dra WI
statute. It was perhaps inevitable that
in feeling after the right remedy the
first attempts to provide such should
be crude; and it was absolutely imper
alive that some legislation should be
passed to control, in the interest OF
the public, the business use of the
enormous aggregations 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.
fed only too we'll the kind of legisla-
ton which, under the guise of being
thoroughgoing, is drawn up in such
sweeping form as to become either in
effective or else miscellaneous.
In the modern industrial world COM
binations are absolutely necessary;
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 ef.
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
partially effective against vicious COM
binations, 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 i'm.
perative to modify it. Such modifica-
ton is urgently 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 con.
gress can not afford to leave it on the
statute books in its present shape.
Remedies Advised.
1t has now become uncertain how
far this law may involve all labor or
and farmers organizations,
as we'll as all business organizations,
in conflict with the law; or, If we Sc
cure literal compliance with the law,
how far it may result in the destruc-
ton of the organization necessary for
the transaction of modern business,
as we'll as of labor organizations and
farmers organizations, completely
check the wise movement for secur.
ing business cooperation among farm
ers, and put back half century the
progress of the movement for the
betterment of labor. A bill has been
presented in congress to remedy this
situation. Some such measure as this
bill is needed in the interest of all en-
gagged in the industries which are es-
sential to the country's well-being. I
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:
The substantive part of the anti
trust law should remain as at pres
emit; that is, every contract in restraint
Of trade or commerce among the
several states or with foreign nations
should continue to be declared lille
gal; provided, however, that some
proper governmental authority (such
as the commissioner of corporations
acting under the secretary of COM
merce and labor) be allowed to pass
on any such contracts. Probably the
best method of providing for this
would be to enact that any contract
subject to the prohibition contained
in the antitrust law, into which it is
desired to enter, might be filed with
the bureau of corporations or other ap-
executive body. This would
provide publicity. Within, say, 60
days Of the filing-which period could
be extended by order of the depart
ment whenever for any reason it did
not give the department sufficient
time for a thorough eXamination-the
executive department having power
might forbid the contract, which would
then become subject to the provisions
Of the antitrust law, if at all in re-
straint of trade.
If no such prohibition was issued,
the contract would then only be H.
able to attack on the ground that it
an unreasonable restraint
of trade. Whenever the period of fill
ing had passed without any such pro-
the contracts or combinations
could be disapproved or forbidden only
after notice and hearing with a rea-
sonable provision for summary review
on appeal by the courts. Labor or
farmers organizations,
and other organizations not organized
for purposes of profit, should be al
lowed to register under the law by
giving the location of the head office.
the charter and bylaws, and the
names and addresses of their princi-
pal officers. In the interest of all these
OBSERVATION-DISCLOSURES, labor, and
farmers organizations alike-the pres
ent provision permitting the recovery
Of threefold damages should be abol-
ished and as a substitute therefor