The Birmingham age-herald., 1908-03-26

how far it may result in the destruc- ton of the organizations necessary for the transaction of modern business, as well 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 prog ress of the movement for the better ment of labor. A bill has been pre- sented in the Congress to remedy this situation. Some such measure as this bill Is needed in the interest of all en- gagged in the industries which are es- sential to the country's well-being. [ do not pretend to say the exact shape that the bill should take, and the sug- gestions l 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. l would suggest. merely tentatively, the following changes in the law.
 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 10 be declared illegal; provided, however, that some proper governmental authority NSuCH as lile commissioner or GOIpOId- tions acting under the Secretary of Com merce and Labor) be allowed to pass on any such contracts. Probably the best method of providing for this would be to enact that any contract. subject to the prohibition contained in the antitrust law, into which it was desired to entef, might be filed with the bureau of cor porations or other appropriate executive body This would provide publicity. With in dnxr 1f f1,a trrbtn nc. riod could be extended by order of the department whenever for any reason it did not give the department sufficient time for a thorough examination-the eX- ecutive department having power might forbid the contract which would then be- come subject to the provisions of the anti trust law, if at all in restraint of trade.
 Stability of Contracts.
 If no such prohibition was issued the contract would then only be liable to at tack on the ground that it constituted an unreasonable restraint of trade. Whenever the period of filing had passed without any such prohibition, the contracts or combinations could be disapproved or for- bidden only after notice and hearing with a reasonable provision for summary re- view on appeal by the courts. Labor or ganizations. farmers organizations and other organizations not organized for pur- poses of profit, should be allowed to reg ister under the law by giving the location of the head office, the charter and by laws and the names and addresses of their principal officers In the interest of all tiese anizations-business. labor and farmers organizations alike-the present provision permitting the recovery of three- fold damages should be abolished, and IS a substitute therefor the right to recov- cry allowed for should be only the dam ages sustained by the plaintiff and the cost of suit, including a reasonable at- torneys fee.
 The law should not affect pending s'lits; short statute of limitation should be provided, so far as the past is concerned, not to exceed year. Moreover, and even more in the interest of labor than of busi- ness combinations, all such suits brought for causes of action heretofore occurred should be brought only if the contract or combination complained of was unfair or unreasonable. It may be well to remem- Der that all of the suits hitherto brought by the government under the antitrust law have been in eases where the com bnation or contract was in fact unfair, unrea sonable and against the public in- terest.
 Trade Agreements.
 It Is important that we should encour- 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 extend, so far as possible, the process of conciliation and arbitration as a substitute for strikes Moreover, vio- lence, disorder and coercion, when com- mitted In connection with strikes, should be as promptly and az sternly repressed as when committed in any other connec- ton. But strikes themselves are, and should be, recognized to be entirely legal. Combinations of workingmen have a pe- cular reason for their existence. The very wealthy individual employer, and still more the very wealthy corporation, stand at an enormous advantage when com pared to the individual worlIingman; and while there are many cases where 1t may not be necessary for laborers to form union. in many other cases it is indispen- sable, for otherwise the thousands of small units the thousands of individual worlkingmen. will be left helpless in their dealings with the one big unit, the big in- dividual or corporate employer.
 Twenty-two years ago, by the act of June %. 1SS6 trades unions were recog- nized by law, and the right of laboring people to combine for all lawful purposes was formerly recognized, this right in cluding combination for mutual protection and benefits, the regulation of wages, hours and conditions of labor, and the protection of their trade or trades; and in the act of June 1, 1898, strikes were recognized as legal in the same provision that forbade participation in or instiga- ton of force or violence against persons or property, or the attempt to prevent others from working, by violence threat. or intimidation. The business man must be protected in person and property and so must the farmer and the wageworker; and as regards all alike, the right of neaceful combination for all lawful pur- poses should be explicitly recognized.
 Right To Combine.
 The right of employers to combine and contract with one another and with their employees should be explicitly recognized; and so should the right of the employees to combine and to contract with one an- other and with the employers, and to seek peaceably to persuade others to ac- cept their views, and to strike for the purpose of peaceably obtaining from em- blowers satisfacto terms for their labor. Nothing should be done to legaliZe either a blacklist or a boycott that would be illegal at common law; this being the tyne of boycott defined and condemned bv the anthracite strike commission.
 The question of financial legislation is now receiving such attention in both houses that we have right to expect action before the close of the session. It Is urgently necessary that there should be such action. Moreover, action should be taken to establish postal savings banks. These postal savings banks are imperatively needed for the benefit of