The Washington herald., 1908-03-27
FRIDAY, MARCH p. 1905.


Senator Foraker has again brought
forward his bin for the amendment OF
the antitrust and Interstate commerce
laws so as to permit reasonable combina-
lions in restraint OF trade. II is simplicity
itself compared with the complicated
measure framed at White House confer
ences during the past two weeks and in
troduced by Mr.. Hepburn in the House.
Mr.. Foraker's bill provides that existing
statutes shall not be construed or held
to prohibit any contract. agreement, or
combination that is not in unreasonable re-
straint of trade or commerce with foreign
nations or among the several States. -
This provision would allow combinations
and agreements TO be made for reason
able and lawful purposes. leaving to the
courts the determination OF the reason
ableness Of any specific agreement or
combination, should il be questioned. and
would fully meet the recommendation OF
the President save as to the creation Of
some system OF supervisory control lodged
in an executive department.
II permissve legislation relating TO COM
binations in restraint Of trade is enacted
follow the lines Of the Foraker bill. rather
than those of the Civic Federation bill
The Senator from Ohio is quite right in
his judgment that the latter bill in its
existing form will meet with strong op-
position in Congress. Discussion Of the
bin is more than likely to accentuate
such opposition as has already been mani
Tested, for the more closely il Is examined
the more fearful will cautious legisla-
tors be Of the unknown possibilities in
volyed in il. The simple proposition 10
legalize combinations is sufficiently radical
but Mr.. Roosevelt wants them legalized
only on condition that they submit 10 an
underlined amount Of Federal regulation to
be prescribed by himself. a proposal Of
this sort should undergo very careful
examination at the hands of our most ex-
perienced lawmakers. II appears 10 be In
tended to accomplish by indirection what.
perhaps, could be better done by direct
methods under a specific and well-drawn
statute strictly defining what should be
forbidden and what permitted As II
stands. the Federation bill confers on the
Executive a tremendous and uncertain
authority. which. according 10 the we'll
known law Of executive aggrandizement.
would ultimately grow TO extraordinary
proportions. We feel sure Congress will
hesitate before taking this leap into the
dark
While far from denying the necessity Of
some form OF Federal control over cor
porations doing an interstate business, we
believe the adoption Of a simple measure
like that proposed by Senator Foraker
would answer every purpose at the pres
ent time. The necessity for such a
measure is clear and its probable effect
fairly well understood. whereas no man
can predict the operation of a conditional
registration of corporations. The Presi-
dent has done well 10 bring his plan for
Federal regulation to the attention OF
Congress, where it may ultimately
fructify in weI-considered Legislation, but
he expects too much If he hopes for its
early enactment. He will accomplish all
that may be reasonably asked Il he
secures the passage of a measure modify
ing the Sherman law substantially as
Senator Foraker proposes.