New-York tribune., 1908-03-26
THE SUGGESTED CHANGES.

THE SUGGESTED CHANGES
Bearing this in mind I would suggest merely
tentatively, the following changes in the law:
The substantive part o. the antitrust law
should remain as at present: that is. every con-
tract in RESTRAIN OF trade commerce among
the several states or with foreign nations should
continue to he declared Illegal: provided. how
ever that some proper governmental authority
tSuch as The Commissioner Of Corporations act
ing under the Secretary of Commerce and La
bor) be allowed TO pass any such contracts.
Proba bly, the best method of providing for this
Wod!d be TO enact that any contract, subject to
the prohibition contained in the antitrust law,
INTO which it was desired enter. might be
filed with The Bureau of Corpora tions other
vide publicity. Within. say. sixty days of the
filing-which period could be extended by order
OF the department whenever for any reason il
did not give tie department sufficient time for q
thorough eXanlination-the executive department
having power might forbid the contract. which
would then become subject Ia the provisions of
the antitrust law, il all in restraint OF trade
If no such prohibition issued the contract
would then only be liable to attack the
ground that ii constituted bile re-
str3int of trade. Whenever the period Of fling
had passed without any such prohibition the
contracts or combinations could he disapproved
or forbidden only after notice and hearing with
a reasonable provision for summary review on
appeal by the courts Labor organizations
farmers organizations md other organiza tions
not organized for purposes of profit should be
allowed TO register under the law by giving the
location Of the head office, the charter and by
laws and the names and addresses of their pTln-
cipaI officers. In the interest OF all these organi-
zations-busIness. labor and farmers orsanlza-
tions alke-the present provision permitting the
recovery of threefold damages should be abol-
ished and $ a substitute therefor the right OF
recovery allowed for should be only the dam
ages sustained by the plaintlh ana the cost Vi
suit. including q reasonab BILE attorneys Zee
The law should not affect pending suits;
short statute of limitations should be provided
far : the past Is concerned. not to exceed
year Moreover. and even more in the interest
Of labor than Of business conbina tions, all such
suits brought for causes of action heretofore &C
CURED should be brought only if the contract or
combination complained of was unfair or un-
sonable. It may be well to remember that an
OF the suits hitherto brought by the government
under the antitrust law have been IN cases
where the combination contract in fact
unfair. unreasonable and against the public IN
terest
STRIKES ENTIRELY LEGAL
II is important that We should encourage trade
agreements between employer and enpoye
where they just and fair. A strike IS d
clumsy weapon for righting wrongs done TO
la Dor. and we should extend. so far as possible
the process Of conCiliatOn and arbitration as d
substitute for strikes Moreover. violence, dis
order and coercion. when committed in connec-
tion with strikes. should be as promptly ana as
sternly repressed as when committed IN any
other connection. But strikes themselves are
and should be recognized TO be entirely legal
Combination of workingmen have peculiar
reason for their existence The very wealthy IN
dividuaI employer, and still more the very
wealthy corporation, stand at an enormous eu
ingman. and while there are many cases "iteIe
II may not be necessary for laborers 10 form d
union. in many other cases II IS indispelSauie
for otherwise the thousands OF sIIldIi uilit9
tho;lsa nds of individual workinSmen VIII be le1t
helpless in their dealings with the one Dig uhil'
the big individual corporate employer no
Tventy-tvo years ago by the act OF June -:
1856. trades unions We're recognized by law ana
the right OF labOring people 10 combine TOT an
lawful purposes was formally recognized, tnls
RIGHT including combination for mutual protec-
ton ana Dement'S the regulation OF wages hours
and conditions Of labor. and the pfo'ec!loh oi
the individual rights OF the Workiiei III .iie
prosecution OF their trade or trades; and in the
act Of June /. 1895. strikes were recognized as
legal in the same provision that forbade partlci-
patton in instigation OF force or violence
against persons or property. or the attempt 10
prevent others from working. by violence threat
or intimidation. The business man must he
protected in person and property. and so must
the farmer and the wageworker; and as regards
All alike the right OF peaceful combination Tor
al lawful purposes should be eXphcltiy recog-
nized.
The right OF employers to combine and con
tract with one another and with their employees
should be expliciJely recognized. and so shouiu
the right OF the employes 10 Gompine ana 10
contract with one another ana Win tIl- I'll
pIoyers. and 10 seek peaceably to persuade
hers TO accept their views. and TO strike fpr
the purpose Of peacea bly, obtaining from en-
Movers satfsf4ctory for their la bOr Moth
ing should be done TO legaliZe either blacklist
or a i,ovcott that would be illegal at common
law: this being the type of boycott defined ana
condemned by the Anthracite Strike ComhiS-
sion :. - 80,
question OF ETaDtldl ltSlSiitioi- - NV IL
cei,ine suc2 attention in both Houses that We
have right 10 expect action before the clost
Of the session Il is urgently necessary that
there should be such action. Moreover action
should be taken to establish postAi savings
hanks These postal savings banks are I'M
T,erarfEeIv needed for the benefit Of the wage
workers and men Of small means. and VIII he d
vaIua ble adjunct 10 our whole financial system
TO PREPARE FOR TARIFF REVISION
The time has come when We should prepare
fo, a revision OF the tariff. This should De, ana
-yEo.g - -.Ft1 inv a
80, Il ie reclIliarlv the province Of the Con-
gress and not of the President and indeed
peculiarly the province of the House OF RepTe-
SantatiVes. 10 originate a IaFlII pIi anu ~ u
-ar1,ne l1uOn its terms, and this / 1ully redllZe
VI il seems 10 me that before the close OF TINS
session provision should be made for coilect1ns
+,,TI material which Will enable the Congress
elected next fall 10 act linfnedla5Fia a5 a. 49, -.
comes into existence. This would neceSSltate
eo,na action by the Congress az its present ses-
sion perhaps in the shape OF directing me
r,rouer committee to gather the necessary IN
formation both through the committee ltsei
nd through government agents VINO snoniu re-
norr To the committee and should ldN peIort IL
The facts which would permit II 20 act WI"
rror71rt and intelligent fairness. Inese govern
mont agents If il Is not deemed wise 70 dppph'
;,,,5F-i7-5.ls from outside the puDlc service
might with advantage he members oI lir =
-. Ienartroente designated by the Press
dent on his own motion or on lie iequ7'' - LIN
committee. TO act with II ,o
I I'm of The opinion. how ever. that one chafge
in the tariff could with advantage De ilaue
forthwith our forests need every pI3leJ.Io. prov 81 H.
md one method Of protecting theh Npuiu " "
snondng reduction upon paper mace from rom W1oo 80.
min u-ben they come from any country tha'
does not put an export duty upon them
Annie provision should be made for peIlld
nep+ WATERWAYS commission. Win MndteNe'
rioLyer is required to make it effective The rea-
lPonsbIe e,,pectation OF the people will not he met