Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-13

straint OF trade. not schemes in further
ance of trade.
They condemn monopolies. hut the mere
fact that one man or one corpora ION
does all the business which is done does
not create a monopoly: unless he or IL
shall shut out others from that business.
others who could and would otherwise en-
gage IN II. no monopoly exists.
Unreasonable Amendments.
In the past few years many worthy
people have tried their hands at pro-
posals of change in these laws and have
lately seen several suggested amend
mentS Some critics would contine tiIe
statutory prohibitions 10 unreasonable
restraint of trade and unreasonable
monopolies. the court or jury In each case
10 decide as TO the reasonahleness.
AS to this suggestion the words of one
OF our most respected Judges arc relc-
want:
In order to constitute crime. tho
act must be one OF which the party Is
able TO know in advance whether II ls
criminal or not. The crim'nality OF an
act cannot depend upon whether iurN
may think il reasonable or unreasonable
There must he some deiiniteness and GER
tanty'
And adds:
Unless. therefore. tho true purpose of
the suggestion be TO render the effective
enforcement of these statutes impractica-
BILE lin which event IL would he more
dignified and more polite to repeal thcm).
this suggestion appears to me itself I'M
reasonable
Il might mention other suggestions.
which. to my mind merit the same ad-
jective. but my prolonged trespass on
your attention already may be more ap-
proprately concluded by pointing out
very briefly and i'm very general terms
how think these laws can be changed
with fair promise Of advantage. These
statutes seek to prevent what may he
called moral distractions to the freedom
OF interstate and foreign trade: why not
deal with them we deal with physical
obstruction to such freedom?
What Change Is Needed.
when the free use of navigablc waters
is impeded by a bridge or other struc-
ture an administrative officer, the Sec
rotary of War. determines. upon due
notice and inquiry. whether this impedi
structon to navigation and if he finds
it such, orders its alteration removal.
and obedience to his order is then en-
forced by appropriate and effective pro-
ceedings and penalties. This statute has
been held constitutional by the Supreme
Court after full consideration and in a
case of great hardship to the parties
affected: 1t is now obeysd by all promptly
and without complaint.
Can We not intrust administrative Off
GERS. under proper safeguards. with the
like duties and powers regarding contracts
or combination in restraint of trade CT
tending to create monopolies? Can we not
relieve our federal courts OF burden
which I do not believe the trainers %
our Constitution ever expected them 10
bear. and which. far rs I know, out
weighs any imposed on its judiciary by
any other nation?
eff we can 1 know of no change in the
law which. to my mind. would better
serve the cause of federal justice or
which better deserves the intelligent sup
port Of the bar of the country
Bonaparte Is Apostate.
Mr.. Beck quoted from what he said
were speeches Of Attorney General Bona
parte i'm Chicago a few years ago. in
which Mr.. Bonaparte was reported as
saying:
lists in every civilized country and exact
1y in proportion to its civilization
Mr.. Bonaparte mildly interrupted with
protest that he was being misquoted.
AS Mr.. Beck proceeded he again quoted
the Attorney General as having said. en-
practically: mo Legislation in restraint
of combination is desira BILE
Mr. BOnaparte then got to his feet and
said he had some time ago entertained
similar ideas. but he had since been con
WINGED that 1T was A choice between such
legislation and revolution. and. he said.
he believed that the American people
would choose wisely in legislation to regu-
late the great combinations of commerce.
Mr.. Beck then concluded the incident
by saying that the Attorney General.
having voluntarily taken the stand. he
would receive the customary immunity
ha IN