The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-03-25


IN the industries which are essential
to the country's well being. ] do not
pretend To say the exact shape that
the bill sho I'D take. and the sugges-
tions 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,
7 would suggest, merely tentatively,
the following changes in the law:
Presidents Suggestions.
The substantive part Of the anti
trust law should remain as at pres
ent; that is, every contract i'm re-
straint Of trade or commerce among
/ the several states or with foreign ma
| tions should continue TO be declared
| Illegal; provided. however, that some
proper governmental authority Csuch
as the commissioner of corporations
acting under the secretary of COM
merce and labor be allowed to pass
on any such contracts.
Probably the best method Of provld.
| ing for this would be to enact that
| any contract. subject to the prohibit
! tion contained in the antitrust law,
into which it was desired to enter,
might be filed with the bureau of cor
( porations or other appropriate ex.
| ecutive body. This would provide
! publicity. Within, say 60 days of the
| filing-which period could he extend.
! ed by order of the department when.
ever for any reason it did not give
the department sufficient time for
| thorough examination-the executive
| department having tho power might
forbid the contract, which would then
become subject to tho provisions of
the antitrust law. IL at all i'm restraint
of trade. If no such prohibition was
| issued the contract would then only
be liable TO attack on the ground that
It constituted an unreasonable re-
straint of trade. Whenever the period
of filing had passed without any pro.
hibtion, the contracts or combua-
tions could he disapprovcd or forbid.
den only after notice and hearing
with a reasonable provision for sum
mary review on appeal by the courts
Labor organizations, farmers or
ganizations and other organizations
not organized for purposes OF profit
should be allowed 10 register under
the law by giving the location Of the
head Office, the chgrter and bylaws,
and the names and addresses of their
principal officers In the interest Of
all these izations-busincss. Ia.
Dor and farmers organizations alike
the present provision permitting the
recovery of threefold damages should
be abolished and as a substitute
therefor the right of recovery al
lowed should be only the damages
sustained by the plaintiff and the cost
of suit, including a reasonable attor.
ney's fee. The law should not affect
pending suits; a short statute Of linn.
itations should be provided, so far as
the past is concerned, not to exceed
a a.year. Moreover, and even more in
the interest OF labor than OF business
combinations all such suits brought
for causes of action heretofore should
be brought only II the contract or
combination complained Of was unfair
and unreasonable. It may be well to
remember that all OF the suits hither.
to brought by the government under
the antitrust law have been In cases
where the combination or contract
was in fact unfair, unreasonable and
against the public interest.
AS to Strikes.
II IL important that we should en-.
courage trade agreements between
employer and employe where they are
| F.T A al l.. Il,
weapon for righting wrongs done TO
labor, and we should extend, 40 far as
possible the process of conciliation
and arbitration as a substitute for
strikes. Moreover, violence, disorder
and coercion, when committed in con,
necton with strikes, should be as
promptly and MS sternly repressed
as when committed in any other con,
ncction.
But strikes themselves are. and
should be, recognized TO be entirely
legal Combinations of workngmcn
have a peculiar reason for their exist,
encc. The very wealthy individual en-
ployer and still more the very wealthy
corporation, stand at an enormous
advantage when compared to the indi
vidual workingman; and while there
are many cases whore it may not be
necessary for laborers to form q
union, in many other cases II is indis
pensablc, for otherwise the thousands
!, of small units, the thousands OF indi
vidual workingmen, will be left help
less in their dealings with the one big
unit, the big individual or corporate
employer.
twenty-five years ago, by the act o
June 20, 1856, trades unions were rec
ognized by law, and the right Of labor
ing people to combine for all Lawful
} purposes was formally recognized
this right including combination fol
mutual protection and benefits, tn,
/ regulation OF wages, hours and condi
! tions of labor, and the protection o
I the individual rights Of the workmer
r in the prosecution of their trade ol
| trades; and in The act Of June 1898
, strikes were recognized as legal /
the same provision that forbade par
, ticipation i'm or instigation Of force oI
5 violence against persons or property
or the attempt TO prevent others from