Mexico Missouri message., 1908-04-02

Il
lions are among the most powerful OF all
Instruments for wrongdotnG. Others offer
the only effective way a. meeting actual
business needs. II IL mischievous and un-
wholesome TO keep upon the statute books
unmodihed n law. like tho antitrust law,
which. while In practice only partially
has never,helesa in theory been construed
10 as sweeplngly TO prohibit every COM
binRtion for the transaction OF modern
business. Some real good has resulted
from this law. But the time has come
when Il r. imperative 10 modify u. Such
sake OF the farmers.
Dangers 20 Pc Avoided.
II has now become uncertain how far
this law may Involve all labor organiHa-
lions and farmers organizations. az well
as all business organizations, In conflict
pliance with the law. how far u may re-
suit In the destruction OF the organixa-
lions necessary for the transaction Of
modern business. as well as OF all labor
organizations and farmers organizations.
completely check the wise movement for
securing business corporation among
farmers. and put back half century the
ment OF labor. a bin has been presented
In the Congress TO remedy this situation.
Some such measure as this bill In needed
in the interest OF all engaged IN the In
dustries which are essential to tho coun-
trys' wellbeing. do not pretend to say
the exact shape that the bill should take.
and tho suggestions have 20 offer are
equally To any other measure which would
achieve the desired end. Bearing this In
mind, ! would suggest. merely tentatively.
the following changes In the law:
Actual Damages as Limit.
II no such prohibition was issued the
contract would then only be liable TO at
tack on tho ground that Il constituted an
unreasonable restraint OF trade. When
ever the period Of filing had passed with
out any such prohibition. the contracts
or combinations could be diSapproved or
forbidden only after notice and hearing
with reasonable provision for summary
review on appeal by the courts. Labor
organizations. farmers organizations. and
other organizations not organized for pur-
poses OF profit. should be allowed TO reg
lister under the law by giving the location
OF the head office. the charter and by
laws. and the names ana addresses OF
their principal officers. In the interest OF
all these OBSERVATION-DISCLOSURES labor
and farmers organizations allke--the
present provision permitting the recovery
OF threc-fold damages should be abol-
ished. and aa n substitute therefor the
right Of recovery allowed for should be
only the damages sustained by the plain
TIN and the cost OF suit, including a rea-
sOnable attorneys fee.
The law should not affect pending suits;
a short statute Of limitations should he
provided. 30 far as the past Is concerned.
not TO exceed year. Moreover. and even
more In the interest OF labor than OF
business combinations. all such suits
brought for causes Of action heretofore
occurred should toe brought only II the
contract or combination complained OF
was unfair or unreasonable. II may be
well 10 remember that all OF tho suits
hitherto brought by the Government un-
der the antitrust law have been In cases
whore the combination or contract was
In fact unfair unreasonable. and against
the public interest
Means TO Avoid Strikes.
II Is important that we should sncOuF-
age trade agreements between employer
and employe where they are just and fair.
A strike is a clumsy weapon for Fighting
wrongs done to labor. and We should ex-
tend. 10 far as possible. the process OF
Cancellation and arbitration Rs n substi-
tutc for strikes. Moreover. violence. dis
order and coercion. when committed in
connection with strikes, should be as
promptly and as sternly repressed as
when committed in any other connection.
But strikes themselves are, and should be.
nations OF wOrkingmen have a peculiar
reason for their existence. The very
wealthy individual employer. and still
more the very wealthy corporation. stand
at an enormous advantage when COM
pared 10 the individual workingman: aud
while there are many cases where II may
not be necessary for laborers 10 form a
union. In many other cases Il Is indlspen-
sable, for otherwise the thousands OF
small units. the thousands OF Individual
workingmen. viii be left helpless in their
DEALINGS with the one big unit. tho big
individual or corporate employer.
The business man must be protected In
person and property. and 10 must the
farmer and the wageworker: and as re-
CARDS all alike. the right of peaceful COM
bination for all lawful purposes should DO
explicitly recognized.
Union But No Boycott.
The right OF employers to combine ana
contract with one another and with their
employees should be explicitly recognized
and 80 should the right OF the employees
to combine and 10 contract with one an
other and with the employers and to seek
DIaNgnNntK neFNtfQno In
their Views and 10 strike for the purpose
OF peaceably obtaining from employers
satisfactory terms for their labor Moth
ing should be done to legaliEe either n
blacklist or n boycott that would he lille
gal at common law. this being the type OF
boycott defined and condemned by the
Anthracite Strike Commission.
The question OF financial legislation is
now receiving such attention In both
houses that we have n right TO expect
action before the close OF the session. II
such action. Moreover. action should be
taken 60 establish postal savings banks
These postal savings banks are impera-
lively needed for the benefit OF the wage
workers and men OF small means. and win
be q valuable adjunct TO our whole hnan-
oiRl system.
pare for a revision Of tho tRriff. This
should be. and indeed must be. preceded
by careful investigation II In peculiarly
the province OF the Congress and not of
the President. and Indeed peculiarly tho
province OF the House OF Representatives
to organize a tarin bin and TO determine
upon It's terms; and this fully realize.
Remove Wood Pulp Duty.
I am OF the opinion. however, that one
change In the tarin could with advantage
be made forthwith. Our forests need ev-
cry protection ,San ;vS and one method o. pro
free list wood pulp. with a corresponding
reduction upon paper made from wood
snt 49,.