The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-03-27

ton. This conference was attended by
deiegatesappointed by the governors OF
almost every state in the union ard by
many important commercial, agricul-
turnl and b organizations. At this
conference certain resolutions on the
subject OF trusts We're adopted and Il
committee was appointed to present the
resolutions to the president and con-
gress. The subcommittee charged with
this duty brought about the p%resenta-
ton of these resolutions to both
houses of congress in February by the
courtesy of the chairman of the com
mittee on interstate commerce, Senator
Elkins, in the Senate. and Of Colonel
Hepburn, chairman of the committee
on interstate and foreign m in
the House. At the time when these
resolutions We're presented both OF these
gentlemen asked the subcommittee to
prepare Il bin e%mbodying the views OF
those whom they represented. The bill
SO prepared is entitled. "An act to regu-
states or with foreign nations, and to
amend the act approved July 2, 1890,
entitled. An act to protect trade and
commerce against unlawful restraints
and monopolies.'"
A summary of the measure follows:
1. This Sherman antitrust law forbids all
contracts or combinations or conspiracies
In restraint OF trade and any monopoliz-
Ing of or attempt to m~onopolize trade. The
first stx sections of the act deal with the
powers of the government In relation
thereto. The seventh and last section OF
the c gives private parties u right to
2. The United States supreme court. nv
q long series OF decisions. has held that
this law applies to common carriers. to
and also to labor organizations and to
labor men. The supreme court has also
decided that any acton in restraint OF
commerce, is unlawful. whether such ac-
ton he reasonable or not.
3. Th bin submitted by the National
change the legal status Of anything con-
dcnned as In restraint OF trade under the
Sherman antitrust act: but it aims to
conditions. combinations and contracts in
restraint of trade that are not
able may be saved from attack. The bene-
posed bill. therefore, viii be in the main
confined to those who register in Accord
ance with the terms of the bill. Common
Commerce commission and all others with
the commissioners OF corporations in the
department. Of and labor. 1t is
PROPOSED to amend section Z Of the sher-
vision for threefold damages. reducing
the amount that can be collected to sim
pie DAMAGES. as under the Common law.
Everybody, whether registered or not, will
get tho benefit of this provision.
4. Both corporations for profit and hay-
Ing capital stock and also corporations not
may register, but neither arc Obliged to
do SO. This description is intendedsto IN
clude cooperative organizations as Well us
business corporations. agricultural and la
Dor organize lions and the like. If they
do register they remain under the Sher-
N man = antl.tr cnrnn law t,an amen In order
ing capital stock are Obliged to give such
information In regard to their financial
condition. their contracts. n their cor
porate proceedings as may be prescribed
by general regulations from time to time
to be made by the president of the United
States. Corporations not for profit and
ter, set forth their charter or agree
ments Of associations and by laws. the
B Ds%,s, Of =, t Their d RF,asi;gal % Office ms e.. and and t =,
ficers and standing committees, il any,
with their residences. Any corporation or
s str;sksn From 1hf she ~ sex 5'sElsts e q .h may be
at any ulne to hle the statements or to
give the information required under this
a act. or to comply q with the requlrements Of
by 1t shall be false in any material par
t:cular. Anyone feeling aggrieved by the
decision to remove 1t from registry has NJ,
s. Being upon the registry, the corpora
ton, or association. or Individual, gets
certain fsr 7 a1anata nv ndtries,sa1as, to the past, and
ascertain as to future contracts whether
these will or will not be attacked by the
OF trade. Az to future combinations or
contracts. the government Is given thirty
days In which to disapprove any contract
or agreement fled by q corporation or
IL within thirty days the government does
not ~disapprove. the contract. the govern
mont cannot thereafter attack it except
through the courts. and then only on the
ground that 1t Is in unreasonable restraint
Of trade. Contracts or agreements call
Ing for new business combinations must
into In the ordinary course Of business
may be filed or not ut pleasure. Such
contracts. II not filed. do not get the
benefit Of the immunities Of the new act.
tracts unless he wants to do SO.
s AS to the past. 1t is proposed that
az pending actions may be prosecuted and
though the Sherman antitrust law had
not been amended: but that no new pro-
ceedings shall be begun under the Sher-
1naa a IN trust, law Law % on account Of any
prior to the passage of the amending act,
unless the same be in unreasonable re-
strafnt OF trade; and no suit at all hall
be begun by the United States as to reg
!stered corporations or associations under
the Sherman antitrust law after one year
from the passage of the amending act.
z. In view OF the doubt that has been
raised in the minds of many as to whether
tho Sherman antitrust act does not make
ever a strike unlawful, a clause Is included
n IN tie sil 1na d,stth'n sy .r deserving ern for labor
OF the Sherman antitrust act, to combine
and to strike and to make trade agree
ments; and reservfng for employers OF la
bor the cOrrelative rights to combine and
to discharge their employees.
M'LAU6HLlN REPORTS
ACReeMeNT WITH