The Barre daily times. (Barre, Vt.) 1897-1959, 1908-03-25

enormous aggregations OF corporate
wealth that are SO marked feature
OF the modern industrial world Blu
the present antitrust law, In its con
struction and working. has exempt
fed only too well the kind of legisla
ton which, under the guise Of belnl
thoronghgoing, is drawn up In sucl
sweeping form as to become eitheI
Ineffective or else mischieyous,
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 are becoming more and
more necessary among farmers. Some
Of these combinations are among the
most powerful Of all instruments foI
wrongdoing. Others offer the only ef-
fective way Of meeting actual business
needs. II Is mischieyous and unwhole-
some to keep upon the statute books
unmoditied a law. like the antitrust
law, which, while in practice only par
tally effective against vicious combina-
tions. 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
~ needed Tor the sake OF the business
men Of the country, for the sake OF the
wagewofkers and for the sake of the
farmers The congress cannot afford
10 leave 1t on the statute books in its
present shape.
II 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, II we secure
literal compliance with the law, how
far 1t may result In the destruction Of
the organizations necessary for the
transaction of modern business, as
well as Of al tabor organizations and
farmers organizations, completely
check the wise movement for securing
business cooperation among farmers
and put back half a 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 as this
bill Is needed ID the interest of ali
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
tatiyely, 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 Ieclnred Illegal. pro.
yided. however that some proper gov
ernmental authority lsueh rs the com
missioner of corporations acting under
the secretary 81 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
hfbition contained ia the antitrust law,
into which il WIS 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.
inc which period could be extended
by order Of the department whenever
for any reason It did not give the de-
partment sufficient time for a 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 pc Reduced.
II no such prohibition was issued.
the contract would chen only be liable
to attack on the ground that 1t consti-
tuted an unreasonable restraint OF
trade. Whenever the period OF filing
had passed without any such prohibit
tion the contracts or combinations could
be disapnroyed or forbidden only after
notice and hearing with a reasonable
provision for summary review ON APP
peal by the courts. Labor organiza-
tlons, farmers organizations and other
not organized for pur-
poses Of profit should be allowed TO reg
lister under the law BIZ giving the loca-
ton Of the head office, the charter and
bylaws ana the names and addresses
of their principal officers. In the In
terest Of All these organizations bust I
ness. labor and farmers organizations
present provision permitting
the recovery of threefoId damages
should be abolished, and as substi- 4
tute therefor the right Of recovery al Z
lowed for should be only the damages
sustained by the plaintiff and the cost |
Of suit, including reasonable attor-
ney's fee.
The law should not affect pending
suits. A short statute Of limitations
should be provided, SO far as the past
IS concerned. not to exceed year
Moreover and even more IN the inter-
est OF labor than of business combine
lions, all such suits brought for causes
Df action heretofore occurred should
be brought only If the contract or com
binatlon complained or was unfair o.
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