The sun., 1908-03-26


ate roads, but as speedily as possible to pay
their debts and return them to the proper
owners
I'm addition to the reasons have already
urged on your attention, II has now become
important that there should be an amend
ment Of the antitrust law, because Of the
uncertainty as 10 how this law Affects com
hipaticns among labor men and farmers.
If the combination has any tendency 20
restrict interstate cotrtnerce, All OF these
combinations, n and while existing for and
engaged in the promotion Of innocent and
proper purposes, should be recognized as
iepaL As have repeatedly pointed out.
this antitrust law was most unWlseiy
drawn statute. II was perhaps inevitable
that in feeling after the nght, remedy, the
first attempts 10 provide such should pe
crude, and il was absolutely imperative
that some LEGISLATION should be passed TO
control, in the interest OF the public, the
business use Of the enormous aggregatlons
Of coTporate wealth that are 40 marked
feature Of IN modern industrial world.
But the present antitrust law 10 its con-
struotion and working has exempuhed only
too well the kind Of legislation which, under
the guise Of being thoroughgoing, Is drawn
ND in such sweeping form as TO become
either Ineffective or else mischievous.
In tho modern industrial world oomoina-
tions 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 combinations are
among the most powerful Of all instruments
for wrongdoing Others offer the only
effective wav n meeting actual business
needs IN is mschievous and unwholesome
to keep upon the statute books unmodlted
2 law like the antitrust law, which, Whlle
in practice only partially effective agalhst
vicious combinations has nevertheless IN
theory been construed so as sweeplngy 10
prohih;t every combination FOR the transac-
lion Of modern business. Some real good
has resulted from this law. But the time
has come when It s imperative 20 modify II.
such modification il urgently needed Tor
the sake of the business men OF the country,
for the sake Of the wage workers and Tor
the sake Of the farmers The Congress
cannot afford 10 leave II on the statute
books in It's present shape
n has now become uncertain how Tar
this law may involve all labor organizations
and farmers organizations, AZ well as All
business organizations, In conflict with the
law. or. IL we secure literal compliance with
the law, how far 1t may result In the de-
stvuction Of the organizations necessary Tor
tho Transaction Of modern business. az we'll
as Of all labor organizations and farmers
organizstions, completely check the wise
movemeut for securing business coopeTa-
tion among farmers and put back halt q cen
nrv he progress OF the movement tor the
betterment Of labor. A bill has been pre-
aented In the Congress TO remedy THIS sitna-
tion Some such measure as this Dill Is
needed in the interest OF all engaged IN the
| t Il. II a IN n
try's Well-henR ] do not pretend 70 cay
the exact shane that the bill should take
and the suggestions have TO offer are ten
tatiye, and nv views would apply equally
| to any other measure which would achieve
| the desired end Rearing this IN mind, |
would suggest merely tentatively, the tol-
| lowing changes in the law
The substantive part OF the anti trust law
| should remain as az present; that is' every
! contract I'M restraint Of trade or commerce
| among the several States or with foreign
nations should continue 70 be declared
| illegal. proyided, however, that some proper
governmental authority (such as the Com
missioner Of Corporations, acting under the
| Secretary uf Commerce and Labor be
! allowed 10 pass on any such contracts.
| Probably the best method Of providing Tor
| This would be 10 enact that any cUntract
| subject To the prohibition contained IN the
! antitrust law, into which II was desired 70
| enter, might he filed with the Bureau OF
| Corporations or other appropriate eNecu-
] tive body. This would provide publicity.
| Within saw. sixty days Of the filing which
period could bc extended 10y order OF the
| Denartment whenever for any reason II
| did not give the Department sufficient time
| for a thorough eNamination-the executive
| dangrt n,ent having power might forbid
| the contract which would then become
suhiect 10 the provisions ~ the antitrust
| law IL al all in restraint of trade
| II no such prohibition WAS issued the
! contract wouldthen only he liable I o attack
! on the ground that u constituted an. I'M
reasonable restraint OF trade. Whenever
| the period OF fling had passed without
| snv such prohibition tho contracts or
| rotnhinations could he disapproved or for
| hidden only after notice and hearing, with
a reasonable provision for summary review
| ON anpeal by the courts. labor organiza-
| tions farmers organizations and other
organizations not organized for purposes
/ Of profit sliouldnbe allowed 90 register
| 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 all these organi-
| Observation-Disclosures, labor and farmers Dr-
| ganizations alike-the present provision
| Permitting the recovery OF threefOld dam
ayes should be abolished. and as a substitute
| therefor the right 81 recovery allowed for
| should be only the damages sustained by
the plaintiff and the cost OF suit, including a
reasonable attorneys fee.
The law should not affect pending suits, a
short statute OF limitations should be pro-
vided, 80 far as the past Is concerned, not
| IA exceed a year Moreover, and even
more in the interest Of labor than Of bus
ness combinations all such suits brought
for causes Of action heretofore occurred
| should be brought only II the contract or
combination complained Of was unfair or
| unreasonable Il may be well TO remem-
| Der that all Of tho suits hitherto brought
| by the Government Under the anti-trust