The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1908-03-26

" % 49,
time has come when 1t is Imperative
TO modify It. Such modification Is
urgently needed for the sake OF tho
business men of the country, for the
sake of the wage-nworkers. and for
the sake of the farmers. The Con-
gress can not afford to leave II on
the statute books in its present shape.
r IT has now become uncertain how
far this law may involve all labor
organizations and farmers organiza-
tions, in conflict with the law; or Il
we secure compliance with
the law. how far 1t may
result In the destruction of the or
CARNATIONS necessary for the trans
action of modern business. as well as
all labor organizations 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 a measure as this bill Is
needed In the interest of all engaged
in the Industries which arc essential
to the country's wellSbeing. do
tuuL HiGtsUu " say tIlG tAdCls
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 tenta-
lively the following changes In the
law:
Restraint of Trade
The substantive part of the antitrust
Ns.R. .n,.
that Is, every contract in restraint of
trade or commerce among the several
states or with foreign nations should
continue to he declared Illegal: pro-
vided. however. that some proper
governmental authority (such as the
Commissioner of Corporations acting
under the Secretary OF Commerce and
Labor be allowed to pass on any
such contracts. Probably the best
method of providing for this would
be to enact that any contract. sub
ject TO the prohibition contained In
the antitrust law. In which 1t was
desired to enter. might be filed with
the Bureau of Corporations or other
appropriate eecutive body. This
would provide publicity. Within,
say, sixty days OF the filing-which
period could be extended by order of
the Department whenever for any
reason 1t did not give the department
sufficient time for thorough exam,
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.
In LabOr's Interest.
II no such prohibition was Issued.
the contract would then only be liable
to attack on the ground that 1t con-
stituted an unreasonable restraint of
trade. Whenever the period of fling
had passed without any such prohi-
bition, the contracts or combinations
could be disaproved or forbiddenJ
only after notice and hearing with a
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 head office,
the charter and bylaws, and the
names and addresses of their princi-
pal officers. In the interest of all
these organlzatfons-bus labor,
and farmers organizations alike
the present provision permitting the
recovery of three-fold damages
should be abolished, and as a substi-
tute therefor the right of recovery al
lowed for should be only the damages
sustained by the plaintiff and the
cost of suit, Including reasonable
attorneys fee.
The law should not affect pending
suits; a short statute of limitation
should be provided, so far as the past
Is concerned, not to exceed n year.
Moreover, and even more in the inter-
st of labor than of business combina-
lions. all such suits brought. for
causes of action heretofore occurred
should be brought only IL the contract
or combination complained of was
unfair or unreasonable. 1t may be
we'll to remember that all of the suits
hitherto brought by the Government
under the antitrust law have been in
cases where the combination or con-
tract was in fact unfair. unreasonable,
and against the public interest.
Etend xArbitration.
1t Is important we should encour-
age trade agreements between en-
ployer and employee where they are
Just and fair. A strike is clumsy
weapon for Fighting wrongs done to
labor. and we should extend, so far
as possible, the process of concillation
and arbitration as substitute for
strikes. Moreover, violence. disorder,
and coercion, when committed in
connection with strikes, should be us
promptly and as sternly depressed MS
when committed in any other conncc-
ton. But strikes themselves are,
and should be, recognized to be en-
tirely legal. Combinations of work.
ingmen have peculiar reason for
their existence. The very wealthy in
dividual employer, and still more the
very wealthy corporation, stand at
advantage when compared
to the individual workingman; and
while there are many cases where 1t
may not be necessary for laborers to
form union. in many cases 1t is in
for otherwise the thous-
ands of small units, the thousands of
individual workingmen, will be left
helpless in their dealings with the one
big unit. the big Individual or cor
porate employer.
Twenty-Five years ago. by the act
of June go 1885. trades unions were
recognized by law, and the right of
ne0n1a IN cnmhine for nil |