Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1908-04-02


IN effect that when federal court de-
termines to place a common carrier
or other public utility concern under
the control of a receivership, the at
tOrney general should have the right
to nominate at least one of the re
ceiyers; or else in some other way
the interests of the stockholders
should 0e consulted, so that the man
agement may not be wholly redeliv-
cred TO the man or men the failure
Of whose policy may have necessitated
the creation of the receivership Re-
ceiverships should be used, not to
operate roads. but as speedily as pos
sible to pay their debts and return
them to the proper owners.
The Blacklist.
1t has now become important, thinks
the president, that there should be an
amendment of the antitrust law, be-
cause of the uncertainty as to how
this law affects combinations ~mOng
labor men and farmers, if the combina-
ton has any tendency to interstate
commerce. All of these combinations,
if and while existing for and engaged
in the promotion of innocent and pro-
per purposes, should be recognized as
legal. This antitrust law was a most
unwisely drawn statute declares the
president. "It was perhaps inevitable
that in feeling after the right remedy
the first attempts to provide such
should be crude; and it was absolutely
imperative that some legislation
should be passed to control, in the III
terest of the public, the business use
pOrate wealth that are so marked I
feature of the modern industrial
world; but the present antitrust law,
in it's construction and working, has
eXemplified only too We'll the kind OF
legislation which, under the guise of
being thoTOughgoing, is drawn up in
such sweeping form as to become
either ineffective Or else mischievous.
1T is mischtevous and unwhoiesome
to keep upon the statue books unmod-
flied law, like the antitrust law,
which, while in practice only part
tally effective against vicious combind-
tons, has nevertheless in theory been
construed so as sWeepingly to prOhi-
bit every combination for the transac-
ton Of modern business, Some real
good has resulted from this law But
the time has come when it is impera.
tive to modify it. Such modification
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 the farmers. Con-
gross can not afford to leave it on
the statue books in its present shape,
TT has now become uncertain how
far this law may involve all labor or
gantzations and farmers organiza-
lions as we'll as all business organiza-
tions, in conflict with the law; or, II
we secure literal compliance with the
law, how far it may result in the de
struction of the organizations neceS-
sary for the transaction of modern
izations, completely check the wise
movement for securing business CO.
operation among farmers, and put
back a century the progress of the
movement for the betterment of labor.
A ill has been presented in the con-
gress to remedy this situation. Some
such measure as this bill is need d
in the interest % all engaged in the
industries which are essential to the
country's well-beinE. / 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 apply equally to any
other measure which would achieve
the desired end. Bearing this in
mind, l would suggest. merely tenCa-
tatively, the following changes in the
law:
"The substantive part Of the anti
trust 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 to be declared illegalS pro
vlded, however, that some proper
governmental authority (Such as the
commissioner of corporations acting
under the secretary of commerce ana
labor be allowed to pass on any such
contracts. Probably the best methods
of providing for this would be to Ell
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-
ecutive body.
The law should not affect pending
should be provided so far as the past
is concerned, not to exceed a year.
Moreover, and even more in the in
terest of labor than Of business com
ainotions, all such suits brought for
causes of action heretofore occurred
should be brought only if the contract
or combination complained of was un-
fair or unreasonable. 1t may be well
to remember that all of the suits
hitherto brought by the government
under the antitrust law have been in
cases where the combination or cor
tract was in fact unfair, unreasonable,
and against the public interest
The president thinks it is important
that we should encourage trade agree
ments between employer and employe
where they are just and fair. A