Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-25

stockholders should be consulted, so that
the management may nit be wholly re-
delivered to the man OF men the failure
of whose policy may have neceSslta'eo
the creation of the recelvefshlp. RecelF-
erships should be used not to operate
roads. but as speedily as possible TO pay
their debts and return them l" the
proper owners.
Laborers' and Farmers Unions.
In addition to the reasons l have al
ready urged on your attention. 1T mas
now become important that there shouid
be an amendment of the antitrust law
because of the uncertainty as to no" TINS
law affects combinations among iaoor
men and farmers, if the combination mas
any tendency to restrict interstate com
mercc All of these combinations, IL ana
while existing for and engaged Ill 'i'e
promotion of innocent and proper p"i-
noses. should he recognized as legai. AS
have repeatedly pointed out inns "i''i-
trust law was most un"iSeiy vi i" II
statute 1t was perhaps lneV1tapie t'"'
in feeling after the right remedy 'he II. 81
attempts to provide such should DE cr"oe
and il was absolutely imperative '""'
some legislation should be passed 10 coh-
Two, j.; tho interest of the public. the
sh,,s;rose uso of the enormous aggrega-
,i,rs of cornorate wealth that are so
marked a feature of the modern 1naus'ria'
world. But the present ANTITRUST ia"' III
its construction and working has eAe,i
plifed only too well the kind OF lesisia-
ton which, under the suise oi oe'"s
thoroughgoing, is drawn up Ill Suoh
sweeping form as~to become ei'hei III
effective or else mischieVous
In the modern Industrial Woflo c'.iipt
nations are absolutely necessary. .heS
.re necessary among business men, the!
are necessary among laborinS men, tiles
are becoming more and more heceSsaiS
among farmers. Some OF these commune"
lions are among the most p ul VI CO. e..
instruments for wrongdolng. otheis oil.i ,
the only effective way of meeting actudi
business needs. 1t is mischieVous ana u.-
wholesome to keep upon the statute pooNs
unmodified law. like the antl-trust , IA "
which, while in practice only Pai la
effectiye against vicious cOmbnat tons, mas
nevertheless in theory been construed 50
as sweepingly to prohibit every compiha-
ton for the transaction OF noaern S sun,,,
ness. Some real good has resulted from
this law But the time has come When
it is imperative to modify it. Such modi-
hcation is urgently needed for the sake
of the business men OF the countI!' ioi
the sake of the wageworkers, and Tor the
sake of the farmers. The Congress can
moi afford to leave it on the statute books
in it's present shape.
Law as Affecting Unions.
If has now become uncertain how far
this law NAV involve all labor orSanlZa-
tions and farmers organizations. as well
as all business organizations, in conflict
with the law: or, if we secure literal
compliance with the law, how far 1T may
result in the destruction of the organlza-
tions necessary for the transaction OF
modern business as we'll as of all labor
organizations and farmers organizations,
completely check the wise movement lor
securing business cooperation among
farmers and put back half a century the
progress of the movement for the better
lnent of labor. A bill has been presented
in the Congress tn remedy TINS SITUATION
Some such measure as this Dill is needeu
in the interest of all engaged in the indus
tries which are essential to the country s
WelI-being | do not pretend to say the
exact shape that the bill should take,
and the suggestions | 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 tentative
~. the following changes in the law.
Suggestions for Changes.
The substantive part of the antitrust
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 declared illegal; provided however,
that some proper governmental authority
tsuch as the commissioner of corporations
acting under the Secretary of Commerce
and Labor be allowed to pass on any
such contracts Probably the best meth
cd Of providing for this would be to enact
that any contract, subject to the prohl-
bition contained in the antitrust law, into
which it was desired to enter, might be
filed with the bureau of corporations or
other appropriate executive BODY. ms
would provide publicity. Within. say,
sixty days of the fling-Which PERIOD
could be extended BY order of the depart
ment whenever for any reason 1t did not
give the department sufficient time for a
thorough mountaineering executive De
partrnent having power might forbid the
contract. which would then become sub
ject to the provisions of the antitrust
law, If at all i'll restraint of trade.
Abolish Threefold Penalty.
II no such prohibition was issued, the
contract would then only be liable TO at
tack on the ground that it constituted an
unreasonable restraint of trade. When
ever the period of filing had passed with
out any such prohibition, the contracts
combinations could be disapproved or
forbidden only after notice and hearing
with reasonable provision for summary
review on appeal by the courts. LaDor
organizations. farmers organizations and
other organiZati ions not organized for
purposes of profit should be allowed to
register under the law by giving the loca-
zion OF the head office. the charter and
bylaws, and the names and addresses of
their principal officers. In the interest
of all these OBSERVATION-DISCLOSURES labor
and farmers organizations alike-the
present provision permitting the recovery
of threefold damages should be abolished.
and as Il substitute therefor. the right OF
recovery allowed for should be only the
damages sustained by the plaintiff and
the cost of suit, including a reasonable at
torneys fee.
Statute of Limitations.
The law should not auect pending suits;
short statute of limitations should be
provided. so far as the past is concerned
not TO exceed year. Moreover, and even
more in the interest of labor than of bust
ness combinations. all such suits brought
for causes of action heretofore occurred
should he brought only if the contract or
combination complained of was unfair or
unreasona BILE. IL may be well to remem-
her that all of the suits hitherto brough,
10y the government under the antitrust
law have been in cases where the combi-
nation or contract was in fact unfair UNI
reasonable and against the public interest
II Is important that we should encour-
age trade agreements between employer
and employe where they are just and
fair. y strike is clumsy weapon for
rfShtlnG wrongs done labor and we