Mower County transcript., 1908-04-01

tlOuS among ldDOT men anu 1dTmcIo1
if the combination has any tendency
to restrict interstate commerce. All
OF these combinations, if and while
existing for and engaged in the promo
tion of innocent and proper purposes,
should be recognized as legal. AS l
have repeatedly pointed out, this anti
trust law was a most unwisely drawn
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-
ative 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 a feature
of the modern industrial world. But
the present antitrust law, in its con-
struction and working, has exempli-
tion which, under the guise of being
thoroughgoing, is drawn up in such
sweeping form as to become either in
effective or else mischievous.
In the modern industrial world COM
binaticns 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 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-
tion 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. y >'y,.'
It has now become uncertain how
far this law may involve all labor or
ganizations and farmers organizations,
as well as all business organizations.
in conflict with the law; or, ii, we se-
cure literal compliance with the law,
how far it may; result In the destruc-
tion of the organization necessary for
the transaction OF modern business,
as well as Of labor Organizations and
farmers Organizations. i 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 e.
sential 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, l would suggest, merely ten
tatively, the following changes in the
law: :,~
The substantive part Of the anti
trust law should remain as, at pres
ent; 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 q 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-
propriate executive body. This would
provide, publicity. Within, say, 60
days Of the tiling-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.
II no such prohibition was issued,
the contract would then only be Ii.
| able to attack on the ground that it
constituted an unreasonable restraint
of trade. Whenever the period of fl.
ing had passed without any such pro.
hibition, the contracts or combinations
could be disapproved or forbidden only
after notice and hearing with 4 a rea.
sonable provision for summary review
on appeal by the courts. Labor or.
ganizations, farmers organizations
and other organizations not organized
for purposes Of profit, should be al
| lowed to register under the law by