The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-03-26

should be recognized as legal As
have repeatedly pointed out, this anti
trust law was a most unwisely drawn
statute.
In the modern Industrial world com
blnations 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
most powerful OF all instruments for
wrongdoing. Others offer the only ef-
fectire way OF meeting actual business
needs. II is mischievous and unwhole-
some to keep upon the statute books
unmodified a law. like the antitrust
law. which, while in practice only
partially effective agalRst vicious COM
blnations, has nevertheless in theory
been construed SO 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 1t is i'm
perative TO modify It, Such modifca-
tion is urgently needed for the sake Of
the business men of the country, for
the sake of the wageworkers and for
the sake OF the farmers. The con.
gress can not afford to leave 1t on the
statute books In its present shape.
Remedies Advised.
It has now become uncertain how
FAR this law may involve all labor or
ganizations and farmers organizations,
as well as all business organizations,
in conflict with the law; or, If we Sc
cure literal compliance with the law,
how far it may result In the destruc-
ton of the organization necessary for
the transaction of modern business,
as well as of labor organizations and
farmers organizations, completely
check the wise movement for secur-
Ing business cooperation among farm
ers, and put back half century the
progress Of the movement for the
betterment of labor A bill has been
presented In 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 wellbeing.
do not pretend to say the exact shape
that the bin should take, and the sug-
gestions 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, would suggest, merely ten
tatively. the following changes in the
law:
The substantive part of the anti
trust law should remain as at pres
emit; that Is. every contract in restraint
Of trade or commerce among the
several states or with foreign nations
should continue to be declared lille
gal; provided, however, that some
proper governmental authority (such
as the commissioner OF corporations
acting under the secretary of com
merce and labor be allowed to pass
On any srSch contracts Probably the
best method of providing for this
would be to enact that any contract
subject 70 the prohibition contained
In tde antitrust law. into which 1t Is
desired to enter. might be fled with
The bureau Of corporations or other APP
executive body. This would
provide publicity. Within, say, 60
days OF the iling-which period could
be extended by order of the depart
ment whenever for any reason it did
not give the department sufficient
time for a thorough examination--the
executive department having power
might forbid the contract, which would
then become subject TO the provisions
Of the antitrust law, il at all in re-
Vtraint of trade.
II no such prohibition was issued.
the contract would then only be H.
able to attack on the ground that it
constituted an unreasonable restraint
of trade. Whenever the period of fl
ing had passed without any such pro-
hibition, the contracts or combinations
could be disapproved or forbidden only
after notice and hearing with rea-
sohable provision for summary review
On appeal by the courts. Labor or
ganizations, farmers organizations.
and other organizations not organized
for purposes of profit, should be al.
lowed TO register under the law by
giving the location OF the head once.
the charter and bylaws, and the
names and addresses Of their princi.
pal officers. In the interest of all these
Observation-Disclosures, labor, and
farmers organizations af1ke-the pres.
snt provision permitting the recovery
Of threefold damages should be abol- |
lshed, and as a substitute therefor
the right of recovery allowed for
should be only the damages sustained |
by the plaintiff and the cost of suit,
including reasonable attorneys fee.
The law should not affect pending |
suits; a short statute of limitations |
should be provided. SO far as the past
is concerned, not to exceed year.
Labor Organizations.
II is important that we should en-.
courage trade agreements between EN-.
ployer and employee where they are
Just and fair. strike is a clumsy |
weapon for righting wrongs done to
labor, and we should extend, so far as
possible. the process Of Cancellation
and arbitration for strikes. Moreover.
violence, disorder and coercion. when
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