The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-03-27
MOST uNwIsELY DRAWN.
Antitrust Law Condemns Legal or.
CARNATIONS.

Antitrust Law Condemns Legal Or.
CARNATIONS.
In addition TO the reasons | have al
ready urged on your attention it has
now become important that there
should be an amendment of the anti
trust law, because of the uncertainty
as to how this law affects combina
tions among labor men and farmers,
II the combination has any tendency
to restrict interstate commerce. All
of these combinations, If and while
existing for and engaged in the promo
ton of innocent and proper purposes,
should be recognized as legal
AS | have repeatedly pointed ,out
this antitrust law was most unwise'
ly drawn statute. 1t was perhaps jH-
evitable that in feeling after the right
remedy the first ATTEMPTS to provide
such should be crude and 1t was alb.
solutely imperative that some legisla-
ton should be passed to control, in
the interest of the public, the bust
ness use Of enormous aggregations OF
corporate wealth that are now a
marked feature of the modern indus
trial world. But the present antitrust
law, in its construction and working,
has exemplified only too well the kind
of legislation which, under the guise
OF being thorough going, is drawn up
in such sweeping form as to become
either ineffective or else mischievous.
All Combinations Not Bad.
In the modern Industrial world COM
binations are absolutely necessary:
they are necessary among business
men, they are necessary among labor
ing men: they are becoming more and
more necessary among farmers. Some
of these combinations are among the
more powerful of all instruments for
wrongdoing. Others offer the only
effective way of meeting actual bust
ness needs. 1t is mischievous and un-
wholesome to keep upon the statute
books unmodified law, like the anti
trust law, which, while in practice Is
only partially effective against vari-
Gus combinations, has nevertheless
been SO construed as sweepingly to
prohibit every combination for the
transaction of modern business. Some
real good has resulted from this law.
But the time has come when it is I'M
perative to modify It, Such modifica-
ton is urgently needed for the sake
of the business men of the country,
for the sake of the wage workers and
for the sake of farmers. The con-
gress cannot afford to leave 1t on the
statute books in it's present shape.
Serious Blow to Progress.
It has now become uncertain how
far this law may involve all labor or.
CARNATIONS and farmers organiza-
tions, as we'll as all business organ
izations in conflict with the law; or,
if we secure literal compliance with
! the law, how far it may result in the
destruction of the organizations nee
essary for the transaction of modern
business, as well as of all labor or.
CARNATIONS and farmers organiza.
tions, completely check the wise move
ment for securing business co-opera-
ton among farmers and put back
half a century the progress of the
movement for the betterment of labor.
A bin has been presented in the con.
gress to remedy this situation. Some
such measure as this bill is needed in
the interest of all engaged in the in.
dustries which are essential to the
country's wellbeing. I do not pretend
to say the exact shape that the bill
should take and the suggestions have
to offer are tentative; and my views
would equally apply to any other
measure which would achieve the de-
sired end. Bearing this in mind l
would suggest, merely tentatively, the
following changes in the law:
Restraint of Trade Condemned.
The, substantive part of the anti
trust law should remain as at pres
ent, that is, every contract in restraint
of trade or commerce among the sew
eral states or with foreign nations
should continue to be declared illegal;
provided, however, that some proper
governmental authority (such as the
commissioner of corporations acting
under the secretary of commerce and
labor be allowed to pass on any such
contracts. Probably the best method
of providing for this would be to en-
act that any contract, subject to the
prohibition contained in the antitrust
law, into which it was desired to en-
ter, might be filed with the bureau of
corporations or other appropriate ex-
yecutive body.
This would provide publicity. With
In say sixty days of the filing-which
period could be extended by order of
the department whenever for any
reason III n III not 0jyo tho danort ~