The Rich Hill tribune. (Rich Hill, Mo.) 1903-1911, 1908-04-02

construction and working. has exempli-
Ned only too we'll the kind OF legisla-
ton which. under the guise OF being
thorough-going. as drawn up in such
sweeping form as 70 become either 10.
effective or else mischicvous.
Ia 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 al instruments for
wrongdOing. Others offer the only ef-
fectiye way Of meeting actual business
needs. II Is mischievous and unwhole-
some to keep upon the statute books
unmodided a law. like the antitrust
law. which. while in practice only par
tally effective against vicious COM
90 lot pretend 10 say the exact shape
that the bill should take. and the sug.
gestiOns I have 20 offer are tentative:
and my views would apply equally to
any other measur which would
achieve the desired end. Bearing this
In mind. I would suggest. merely ten
tatiyely the following changes In the
law.
The substantive part OF the anti
trust law should remain as ~ present:
that iA. every contract in restraint Of
trade or commerce among the several
states or With foreign nations should
continue TO be declared Illegal: pro
yided, however. that some proper gov
ernmental authority (such as the com
missioner OF corporations acting IN
der the secretary Of commerce and la
borl be allowed q pass on any such
contracts. Probably the best method
Of providing Tor this would be 70 enact
that any contract, subject 20 the prohi-
bition contained ia the antitrust law.
into which 81 was desired TO enter.
might be filed with the bureau OF cor
porations or other appropriate eIecu
tive body. This would provide public
ity. Within, say. 60 days Of the filing
which period could De extended by
order OF the department whenever for
any easOn Il did not give the depart
meut sufficient time for a thorough e
nmination-the executive department
having power might forbid the con
tract. which would then become sub
jet 90 the provisions Of the antitrust
law. II az all In restraint OF trade.
II no such prohibition was issued.
the contract would then only be liable
20 attack on the ground that Il CON
stituted an unreasonable restraint OF
trade. Whenever the period OF filing
had passed without any such prohibl.
ton. the contracts or combinations
could be dlsapproved OF forbidden only
after notice and hearing with a rea-
sonahle provision FOR summary review
on appeal by the courts. Labor or
ganiEations. farmers organizations.
and other organizations not organized
for purposes OF profit. should be al
lowed 20 register under the law By
giving the location Of the head Office.
the charter and bylaws. and the names
and addresses OF taeIr principal OF
ncers. In the interest OF an these
oreanlzations-business. labor. and
farmers organizations aNke-the pres
eut provision permitting the recov-
cry OF threefold damages should De
abolished. and as a substitute therefor
the right OF recovery allowed for
should be only the damages sustained
by the plaintiff and the cost o. suit
including a reasonable attorneys fee
The law should not AFFECT pending
suits a short statute OF limitations
should he provided. 80 far as the past
Is concerned. not 90 exceed a year
Moreover. and even more In the inter
est Of labor than of business combin-
atlons. an such suits brought for
causes OF action heretofore occurred
should be- brought only n the contract
or combination complained Of was I'M
fair or unreasonable Il may be we'll
20 remember that all OF the suits hith
orto brought by the government under
the antitrust law have been ga cases
where the combination or contract was
Ia fact unfair. unreasonable and
against che public interest
u g. important that We should en-.
courage trade agreements between en-.
pl0yer aud omploye where they are
just and fair A STRIKE e. a clumsy
weapon for rishting WRONGS done 10
labor. and Ne should extend. so Tar as
possible. che process 90 Cancellation
and arbitration as a substitute for
strikoa Moreover violence disorder
and coercion, when committed On con
nectioH With strikes. should be as
promptly and as aternly depressed as
when committed Ia any other c0nncc.
zion, hut strikes themselves are. and
should BE-. recognized 90 b. entirely
legal Combinations of W%orkingmen
have q peculiar caaon Tor their exist.
nce TIE very wealthy individual EN-.
ploycr. and sian more che very wealthy
corporation, stand az an enormous adj
vantage when compared 10 the lndiyld.
ual worklngmans and while there are