Daily press. [volume] (Newport News, Va.) 1896-current, 1908-03-26

10 now TINS law Affects combinations
among labor men and farmers. II the
combination has any tendency TO re-
strict Interstate commerce. All OF
these combinations. II and while OK
listing for and engaged in the promo
ton OF innocent and proper purposes,
should be recognized rs legal. As |
have repeatedly pointed out. this anti.
trust law was most unwisely drawn
statute Ii was perhaps inevitable
| that In feeling after the right remedy
The first attempts to provide such
should be crude. and 1t was absolutely
Imperative that some legislation should
bc passed to control, I'm the interest
Of the public, the business use of the
enormous Rggrcgntlons of corporate
wealth That are so marked feature
of the modern Industrial world. But
the present antitrust law. in its con-
ttructlon and working, has excmpli1
fled only too well the kind OF legisla-
! ton which. under the guisc OF being
sweeping form MS TO become either
ineffective or else mlschievous.
Combinations Absolutely Necessary.
in the modern Industrial world COM
binations are absolutely necessary.
They are necessary among business
men. they are necessary among labor
Ing men: they nrc becoming more and
more necessary among farmers. Some
of these combinations are among the
most powerful of all Instruments for
wrongdOlng. Others offer the only cf-
fective way of meeting actual business
needs. II Is mischcvous and unwholc.
! some 10 keep upon the statute books
nnmotlificd law, like the antitrust
law, which. while In practice only par
TALLY effective against vicious combinR-
lions. hus nevertheless In theory been
construed so ms swecplngly 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 II. Snch modification is urgent
~ needed for the sake of the business
men Of the country, for the sake OF the
wagcworacrs and for the sake of the
farmers. The congress cannot afford
to leave II on the statute books In its
present shape.
IL has now become uncertain how
far this law may involve all labor or
Ennizntlons AMI farmers organizations,
ns we'll as MI business organizations. In
conflict with the law. or, IL we secure
literal compliance with the law, how
far II may result In the destruction OF
the organizations necessary for the
transaction of modern business, us
we'll M of all labor organizations and
farmers organizations. completely
check the wise movement for securing
business cooperation among farmers
and put back half II century the prog
ress of the movement for the better
ment of labor. A bill has been pre-.
scented In the congress- to remedy this
situation. Some such measure MS this
bill Is needed In the interest OF all
engaged In the Industries which nrc
essential To the country's well being
] do not pretend to say the exact shape
that the bill should take, and the sug.
gcstions have 10 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.
tatlvcly. the following changes in the
law
4 Should Not Draw the Teeth.
The substantive part OF the anti.
trust law should remain MS nj 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. nro.
vidcd. however that some proper gov.
crnmental authority (such rs the com.
missioner of corporations acting under
the secretary of commerce ana lnbor,
he allowed TO pass on any such con.
tracts. Probably the hest method of
providing for this would he to enact
that any contract. subject to the pro,
hibition contained in the antitrust law.
into which II WAS desired TO enter
might he filed with the bureau of cor.
porntions or other appropriate cxecn.
tive body. This would provide public.
iy. Within, say. sixty days Of the Ill.
mg-which period could he extended
by order of the department whenever
for any reason it did not give the dc.
partnent sufficient time for Thorough,
cxamination-tle executive department
having power might forbid the con,
tract. which would then become sub
! iect TO the provisions of the antitrus,
law If mt all in restraint of trade.
Liability Should Be Reduced.
II no such prohibition was issued
the contract would then only he liable
TO attack on the ground TINT 1t consti.
tuted an unreasonable restraint of
trade. Whenever the period of filing
had passed without any such prohibi
ton the contracts or combinations could
be disapproved or forbidden only after
notice and hearing with reasonable
nr0XiS inn for sliinmnrr rn,.in,,. -