The Washington herald., 1908-03-26

other way the interests OF the stockhoId-
ers should be consulted, so that the man
! agement may not be wholly redelivered
/ 10 the man or men the failure Of whose
! pohcy may have necessitated the creation
/ OF the receiVership Receiverships should
/ De used, not 10 operate roads. but as
speedily as possible 10 pay their debts
and return them to the proper owners
! IN addition 10 the reasons l have al
ready urged on your attention il has now
become important that there should be
/ an amendment OF the anti-trUst law he
cause of the uncertainty as 10 how this
law affects combinations among labor
men and farmers, II the combination has
any tendency 10 restrict interstate COM
merce- All of these combinations IL and
while existing for and engaged in the
promotion OF innocent and proper pur-
poses, should be recognized as legal As
nave repeatedly pointed out this anti
| trust law was most unwisely drawn
statute II was perhaps inevitable that
in feeling after the right remedy the first
attempts to provide such should be crude.
and u was absolutely imperative that
some legislation should be passed to con-
srol; IN the interest of the public. the
/ business use OF the enormous aggrega-
uonS OF corporate wealth that are so
marked feature OF the modern indus
trial world But the present antitrust
law. IN its construction and working. has
eXemplified only TOO we'll the kind OF
legislation which, under the guise OF be-
ing thorough-going, is drawn up IN such
sweeping form as 70 become either in
effective or else mischievous.
Combinations Necessary.
In the modern industrial world combi-
nations are absolutely necessary: they are
necessary among business men. they are
necessary among laboring men, they are
becoming more and more necessary
among farmers. Some OF these combina-
tons are among the most powerful OF all
instruments for wrongdoing. Others Of
fer the only effective way Of meeting
actual business needs. II is mischievous
and unwhOlesOme TO keep upon the sta
tute books. unmodifed a law like the
antitrust law, which. while in practice
only partially effective against vicious
combinations. has nevertheless in theory
been construed so as sweepingly 10 pro-
hibit every combination for the iransac-
tion OF modern business. Some real good
has resulted from this law. But the time
mas come when IL Is imperative 10 modify
It. Such modification IS urgently needed
Tor the sake Of the business men Of the
country. for the sake of the wage work
ers, and for the sake Of the farmers.
ne Congress can not afford to leave IL
on the statute books in its present shape
IL has now become uncertain how far
this law NAV involve all labor organiZa-
tons and farmers organizations. as well
as all business organizations in conflict
pliance with the law. how far il may re-
suit in the destruction Of the OrganiZa-
tions necessary for the transaction OF
modern business. as we'll as OF all labor
organizations and farmers organizations
completely check the wise movement for
securing business cooperation among
farmers, and put back half a century the
progress Of the movement for the better
ment Of labor. \ bill has been presented
in the Congress 70 remedy this situation.
Some such measure as this bill is needed
In the interest of all engaged In the in
dustries which are essential to the cOun-
try well-being. l do not pretend to say
the exact shape that the bill should take !
and the suggestions I have 10 offer are !
tentative; and my views would apply |
equally 10 any other measure which I,
would achieve the desired end. Bearing |
this IN mind. I would suggest. merely |
law:
PrOVisiOnS for Publicity.
The substantive part Of the antitrust
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 70 /
be declared illegal: provided. however,
that some proper governmental authority |
(such as the Commissioner OF Corpora
tons acting under the Secretary OF Com /
merce and Labor be allowed 10 pass on
method OF providing for this would be
TO enact that any contract subject TO the
prohibition contained In the antitrust law
into which II was desired TO enter might |
be filed with the Bureau Of Corporations
or other appropriate executive body
This would provide publicity. Within, |
say, sixty days Of the flling-which period |
could be extended by order of the de-
partment whenever for any reason II did
not give the department sufficient time
FOR thorough eXaminaton-the eXecu-
tive department having power might for
bid the contract. which would then be-
come subject 10 the provisions Of the anti
trust law, IL at all IN restraint of trade
II no such prohibition was issued the
contract would then only be liable 20 at
tack on the ground that II constituted an
restraint Of trade When
ever the period Of filing had passed with
lr combinations could be disapproved or
forbidden only after notice and hearing
with a reasonable provision for summary
review on appeal by the courts.
Labor Organizations.
Labor organizations. farmers organiza-
ions. and other organizations not organ
zed for purposes of profit, should be al
owed TO register under the law by giving
he location Of the head Office the charter
ind bylaws. and the names and ad-
iresses of their principal officers. In the
interest Ol all lnese OBSERVATION-DISCLOSURES
less, labor, and farmers organizations
Ilike-the present provision permitting
he recovery Of threefold damages should /
,e abolished, and as a substitute therefor
he right Of recovery allowed for should
'e only the damages sustained by the
plaintiff and the cost of suit. including a
easonable attorneys fee
The law should not affect pending suits. !
short statute Of limitations should be |
rovided. so far as the past Is concerned.
ot 10 exceed a year Moreover and
ven more in the interest of labor than
( business combinations. all such suits
rought for causes of action heretofore |
ccurred should be brought only n the {
ontract or combination complained OF
1as unfair or unreasonable. 1t may be
'ell 20 remember that all Of the suits :
itherto brought by the government IN !
er the antitrust law have been In cases
here the combination or contract was in
act unfair. unreasonable, and against the
ublic interest
1t is important that we should encOur-
ge trade agreements between employer
nd employee where they are Just and l
air. A strike is a clumsy weapon for :
ghting wrongs done 10 labor. and we y
hould extend, so far as possible. the pro- .
esS Of cOnciliation and arbitration as
Ibstitute for strikes. Moreover. violence.
isorder. and coercion. when committed 3
! connection with strikes should be as '
rOmDtly and as sterniv renreSsed a. | 4