Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-03-25

speedily as possible to pay their debts
and return them to the proper own
ers.
Anti Trust Law and Labor.
lin addition to the reasons | have
already urged on your attention, 1t has
now become important that there
should be an amendment of the anti
trust law. because of the uncertainty
as to how this law affects combina-
tions among labor men and farmers.
if the combination has any tendency to
restrict interstate commerce. All of
these combinations, if and while ex-
listing for and engaged in the promo-
tion of innocent and proper purposes.
should he recognized as legal. AS l
have repeatedly pointed out, this
antitrust law was most unwisely
drawn statute. 1t was perhaps newt
able that in feeling after the right
remedy the first attempts to provide
such should be crude; and it was abb
solutely imperative that some legisla-
ton should be passed to control, in
the interest of the public. the business
use of the enormous aggregations OF
corporate wealth that are so marked
feature of the modern Industrial
world. But the present antitrust law,
in it's construction and working, has
exemplified only too we'll the kind OF
legislation which, under the guise OF
being thorough-going, is drawn UP in
such sweeping form as to become
either ineffective or else mischievous.
In the modern industrial world
combinations are absolutely neces-
sary; they are necessary among busi-
ness men, they are necessary among
laboring men, they are becoming more
and more necessary among farmers.
Some of these combinations are among
the most powerful of all instruments
for wrongdoing. Others offer the only
effective way of meeting actual busi-
ness needs. 1t is mischievous and un-
wholesome to keep upon the statute
books unmodilied a law, like
the anti trust law, which, while
in practice only partially effective
against vicious combinations, has new
ertheless in theory been construed so
as sweepingly to prohibit every COM
bination for the transaction of mod
ern business. Some real good has re-
suited from this law. But the time
has come when it is imperative to
modify it, Such modification is ur-
gently needed for the sake of the bus
.ness men of the country, for the sake
of the wage workers, and for the sake
of the farmers The congress can not
afford to leave it on the statute books
in its present shape.
Labor and Farmers in Danger.
1T has now become uncertain how
far this law may involve all labor or
ganizations and farmers organiza-
tions, as we'll as all business organiza-
tions, in conflict with the law; or, if
we secure literal compliance with the
law, how far it may result in the de-
struction of the organizations neces-
sary for the transaction of modern
business, as well as of all labor organ
izatons and farmers organizations,
completely check the wise movement
for securing business cooperation
among farmers, and put back half
century the progress of the movement
for the betterment of labor. A bill has
been presented in the congress to
remedy this situation. Some such
measure as this bill is needed in the
interest of all engaged in the indus
tries which are essential to the coun-
lfN s Well-DSlllS. 1 QO llol PASlSAo W
say the exact shape that the bill should
take, and the suggestions l have to
offer are tentative; and my views
would apply equally to any other meas
ure which would achieve the desired
end. Bearing this in mind, l would
suggest merely tentatively, the fol-
lowing changes in the law:
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 declared illegal; pro-
vided, however, that some proper gov
ernmental authority (such as the COM
missioner of corporations acting under
the secretary of commerce and laboD
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-
hibition contained in the antitrust
law, into which it was desired to en-
ter. might be filed with the bureau of
corporations or other appropriate eX-
ecutive body. This would provide pub
licity. Within, say, sixty days OF the
tiling-which period could be extended
by order of the department whenever
for any reason it did not give the de-
partment sufficient time for thorough
examination-the executive depart
ment having power might forbid the
contract, which would then become
subject to the provisions of the anti
trust law, if at all in restraint of trade.
'If no such prohibition was issued,
the contract would then only be liable
to attack on the ground that it con-
stituted 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 provision for summary re-
view on appeal by the courts. Labor
organizations, farmers organizations,
and other organizations not organized
for purposes of profit, should be al
lowed to register under the law by
giving the location of the mead of
fee. 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 pres
emit provision permitting the recovery
Of three-fold damages should be abol-.
ished. and as a substitute therefor the
right of recovery allowed for should
be only the damages sustained by the
plaintiff and the cost of suit, includ-
ing a reasonable attorneys fee.
"The law should not affect pending
suits: short statute of limitation