Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1908-04-01

! or other public utility concern under
/ the control of a Teceivership. the At.
| torney general should have the right
TO nominate at least one of the re-
eeivers; or else in some other way
the interests of the stockholders
should be consulted, so that the man
agement may not be wholly redeIiY-
cred TO the m2n or men the failure
4 of whose policy may have necessitated
the creation OF the receiyership. 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 among
| 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 mosc
unwisely drawn statute. declares the
president. 1T was perhaps inevitable
that in feeling after the right remedy
the first attempts 10 provide such
should be crude; and it was absolutely
imperative that some legislation
should be passed 10 control, in The i'll
terest of the public, the business use
of the enormous aggregations of cor
porate wealth that are so marked (
/ feature of the modern industrial
world; but the present antitrust law
in its construction and working, has
exemplitied only too we'll the kind OIL
legislation which, under the guise Of
being thoroughgoing, is drawn up In
such sweeping form as 10
either ineffective or else mischievous.
1t is misclievous and unwholesome
to keep upon the statue books unmod-
flied d law, like the antitrust law,
which, while in practice only part
ially effective against vicious combina-
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-
gress can not afford TO leave 1t on
the statue books in its present shape.
1t has nov become uncert l how
far this law may involve all labor or
CARNATIONS and farmers organiza-
tions as well as all business organiza-
we secure literal compliance with the
law, how far it may result In the de-
struction CT the organizations neces-
sary for The transaction of modern
business as well as of all labor organ
izations completely check the wise
movem mt for securing business CO.
operat IN among farmers, and put
back century the progress of the
movement for the betterment of labor
A bill has been presented in the con-
gress to remedy this situation. Some
such measure as this bill is need ID
in the interest OF all engaged in the
industries which are essential to tie
country's well-being. / do not pretend
to say the exact shape that the bill
should take, and the suggestions
views would apply equally to any
other measure which would achieve
the desired end Bearing this in
mind l would suggest merely tenta-
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 illegal; pro-
vIded, 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 methods
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 10 en-
ter might be filed with the bureau of
corporations or other appropriate ex-
ecutive body This would provide
publicity. Within. say 60 days Of the
filing-which period could be extended
by order of the department whenever
for any reason it did not give the
depl UHnt sufficient time for a
tholuuEh examination--the executive
department having power might for
biz The contract, which would then be-
CO subject to the provisions Of the
ant. .st law, if at all in restraint or
trade.
If no such prohibition was issued
the contract would then only be liable
10 attack on the ground that it consti-
tuted an unreasonable restraint of
trade. Whenever the period of ding
had passed without any such prohi
bition, the contracts or combinations
could BE- disapproved or forbidden
only afl,. notice and hearing with
roaro,,nhyo v,ro1-iciop for. summary rp-