The sun., 1908-03-26
BILL 70 FREE COMMERCE
FROM THE RESTRAINTS or THE
SHERMAN AND OTHER ACTS.
Foraker OHs1 II and sAyI Its ObJect ID
70 Allow Contracts and Agreements
Not In Unreasonable Restraint or
TFAde-CFiticlses white House Bills.

Foraker OHeJ II and SAYS It's object u
70 Allow Contracts and Agreements
Not In Unreasonable Restraint or
TrAde-Criuclses White House Bills.
WASHINGTON, March Ex-senator For
aker Of Ohio introduced a bill In the Sen
ate to-day designed TO free commerce
from the restraints Of the sherman act
and other statutory regulations. It Is a
brief document in effect as follows:
That nothing In the act 10 regulate COM
meroe, approved February 4, 1887. oT In the
act to protect trade and commerce against
unlawful restraints and monopolies, ap-
proved July 2. 1890. or in the act 10 reduce
taxation, to provide revenue for the Gov
eminent and for other purposes, approved
August ~, 1894, or anything in the act
amendatory Of or supplementary TO any Of
Said acts shall hereafter be construed or
held to prohibit any contract. agreement
or combination that Ia not in unreasonable
RESTRAINT Of trade or Of commerce with
foreign nations or among the several
States
Mr., Foraker in an interview explained
the objects Of the bill and at the same time
sharply criticised the registration feature
Of the Hepburn bill TO amend the Sherman
act, for which President Roosevelt Is spon-
sor and which is now In the House q Rep
resentatives. Mr.. Foraker said;
The bill has but a single purpose, and
that is to so amend existing statutes as 10
allow contracts, agreements and ooin-
binations not In unreasonable restraint Of
trade and commerce. The desirablllty Of
this has at last come TO be universally
recognized. and by no one more than the
President.
The recommendations OF the Presi dent
have heretofore been that such an amend
ment II enacted should provide that AL
such contracts agreements and com
binatlons as may be authorized shall be
submitted TO the Interstate Commerce
Commission for approval before going
into effect apparently overlooking the
fact that the power TO determine reasonable
ness B a judicial power which cannot be
exercised by the commission, which Is not
judicial body.
Lately, and particularly 10 his message
Of to-day and In the so-oalled White House
bill recently introduced In the House by
MIR. Hepburn, another feature has been
added that is Of far reaching importance
and likely to arouse the stOutest and most
determined opposition, and that ID, II |
unde rstand that proposed measure, that
the benefits Of the amendment shall apply
TO only such corporations - shall register
with the Bureau Of Corporations and agree
by such registration 10 comply with all the
terms, conditions and regulations for the
conduct Of their business "a the President
may from time TO time prescribe.
i regard this proposition az involving
most dangerous and far reaching step in the
direction Of a further Capitalization Of
power In the Government at Washington
and as calculated TO further needlessly
annoy and harass and bedevil the business
Of the country.
i think the law should he modified be-
cause Il is working more evil than good and
that the courts should determine all ques-
tions Of reasonableness as they did for
hundreds Of years under the common law
before the Sherman antitrust law was
enacted.
And | further believe that all should
have the benefit Of such amendment, with
out money and without price, and certainly
without such bargaining as is involved in
the registration scheme, which regard a.
utterly bad In every sense Of the word.
My bill If enacted will accomplish this.
1t has another mel il. II treats labor or
CARNATIONS and all other classes OF or
gsnizatons exactly alike ltDsllows all 10
do whatever may be reasonable, which all
should he allowed TO do, and prohibits all
alike fromdoing that which ia unreasonable.
| hope II may be accepted az a substitute
for the House bill II anything at all is en-
acted