The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-04-03

! char ges "a the ,aw
The substantive part Of the antI-,rus,
Ia" Shotid remain as a. present: that is.
every coistract ~ restraint OF trads or
commerce. among .he several states or
WITH fore.sn nations should continue to
oe declared Illegal. provided. however
hat some proper government authoritv
tsuch a. Vae commissioner OF corporations
acting unde? the secretary of
ann laoor1 be allowed 10 pass on any such
contracts Probably the best method Of
providing for this would be to enact that
any contract. subject TO the prohibition
contained In the anti-,rust law. into which
II was desired 10 enter. might be filed
with the bureau of corporations or other
appropriate executive body. This would
p pro y publicly Within. say, 60 days of
oy order of the department. whenever for
any reason 1t did not give the department.
suI'eient time for a thorough examine
power might forbid the contract. which
would then become subject to the pro
restraint OF trade,
li no such prohibition was issued. tho
contract would then only be liable to at
Jack a. trr on the ground that It constituted
ever the period of fling had passed with.
out any such prohibition. the contracts
or COMPUTATIONS could be- disapproved OF
Win a reasonable provision for
review on appeal by the courts. Labor
organizations. farmers organizations, and
NhA'Ca EOl OTEdI1!ze1a Tor nllr-
poses OF profit. should be allowed to reg
lister under the law by giving the location
OF the head office. the charter and bylaws,
and the names and addresses Of their
principal officers. In the interest of ali
these Observation-Disclosures, labor. and
farmers, organizations al!ke-the present
provision permitting the recovery OF three
roid damages should be abolished. and "a
a substitute therefor the light OF RECOVERY
allowed for should be only the damages
sustained by the platnt!ty and the cos,
or suit, including q reasonab la uttorpayIa
fee. .
The law should rot affect pending suits;
a short statute OF limitations should bs
provided. so far az the past is concerned,
not to exceed a year. Moreover. and even
more In the interest OF labor thar Of
brought for causes OF action heretofos.
occurred should be brought only If the
contract or combination complained OF
wen to remember that all OF the suite
hitherto brought by the government under
the antitrust law have been In cases
where the combination or contract was
In face unfair, unreasonable. and apainst
the public interest.
Strikes Legal.
II is important that we should ercour-
age trade agreements between employer
and employe where they are Just and fair
a strike Is a clumsy weapon for riEhtIng
wrongs done to labor. and we should ex-
tend; SO FAR as possible. the process OF
Cancellation and arbitration as q substitur.
for strikes. Moreover. violence. disorder
and coercion, when committed in connec.
a aoh W. w,ea sts sfrikes res SHOULD be as promptly
mltted IN any other connection. Bur
strikes themselves are, and should be. rec
e tiona Of :" pe entirely Ia legal; Combina-
son for their existence. The very wealthy
Individual employer. and still more the
very very wealthy corporation. stand at an
the individual workingman; and Wins
there are many cases where 1T may not
i ne necessary FOR laborers to form a union.
IN many other cases 1t !s Indispensable
cor otherwise the thousands Of small Units
the thousands OF individual workingmen'
the one big unit. the big individual or
corporate employer.
Iwenty-tWo years ago. by the act of
nized by law, and the right Of laboring
people to combine for all lawful purposes
was Ia formerly recognized. this right In
ana benefits, the regulation OF wages,
hours and conditions of labor, and the
protection, of the individual rights Of the
or trades; and In the act of June /, 1898,
strikes were recognized as legal In the
same provision that forbade participation
against persons or property. or the at
tempt to prevent others from working.
by violence. threat. or intimidation. The
business man must be protected In person
and property. and SO must the farmer
and the wageworkor: and as regards all
tllte, tle -lSnl OF peaCsful combination
tor ALL lawful purposes should be explicitly
recognized.
The right Q. employers to combine and
contract with one another and with their
employees should be explicitly recognized:
and so should the right of the employees
TO combine and to contract with one an
other and With the employers, and to seek
peaceably to persuade. others to accept
their views. and to strike for the purpose
of peaceably obtaining from employers
satisfactory terms for their labor. Moth
INK SnDuIu De done fN 1praiiva cIFnor a
blacklist or a boycott that would be n
legal at common law: this being the type
Of boycott defined and condemned by the
anthracite strike commission.
Establish Postal Banks.
The question OF financial legislation is
now receiving such attention in both
houses that we have a right to expect
Is urgently necessary that there should
be such action. Moreover, action should
be taken TO establish postal savings banks.
lively needed for the benefit OF the wage
workers and men Of small means. and
VIII pc a valuable adjunct to our whole
financial system.
Revise Tariff. -.-
The time has come when we should pre-
pare FOR a revision OF the tariff. This
by careful investigation. 1t is peculiarly
the province of the congress and not OF
the president, and indeed peculiarly the
to originate a tariff bill and to deter1nine
upon Its terms: and this l fully realize.
Yet II seems to me that before the close
Of this session provision should be made
for collecting full material which will en-
able the congress elected next fall to act
Immediately after 1t comes into existence.
This, would necessitate some action by
the congress at Its present session. per-
haps In the shape of directing the proper
committee to gather tho necessary in
formation. both through the committee it.
self and through government agents who
should report to the committee and should
lay before 1t the facts which would per-
NIT 1t to act with prompt and Intelligent
Fairness. These government agents, If 1t
IS not deemed wise to appoint individuals
from outside the public service, might
with advantage be members OF the execu-
tive departments, designated by the presl-
dent. on his own motion or on the request
Of the committee. to act with 1t.
I am OF the opinion. however. that one
change in the tariff could with advantage
be made forthwith. Our forests need ev-
cry protection. and one method of pro-
tecting them would be to put upon the
free list wood pulp. with a Corresponding
reduction upon paper made from wood
pulp. when they come from any country
that does not put an export duty upon
them.
Waterways Commission.
Ample provision should be made for n
permanent waterways commission, with
whatever power is REQUIRED to make ir