The Dakota chief. (Gann Valley, Buffalo County, S.D.) 18??-1913, 1908-04-02

to leave it on the statute books in it's
present shape. e..
Suggests Changes.
1t has now become uncertain how far
this law may involve all labor organiza-
ton and farmers organizations as well
as all business organizations, in conflict
with the law: or, II we secure literal COM
pliance with the law, how far it may re-
suit in the destruction of the organizations
necessary for the transaction of modern
business, as well as Of all labor organiza-
tons and farmers organizations, COM
pletely check the wise movement for Sc
curing business cooperation among farm
ers. and put back half a century the prog
ress of the movement for the betterment
of labor. A bill has been presented in the
congress to remedy this situation. Some
such measure as this bill is needed in the
interest of all engaged in the industries
which are essential to the country's we'll
being. / do not pretend to say the exact
shape that the bill should take, and the
suggestions l 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 tentatively, the following
changes in the iaw:
The substantive part of the antitrust
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; provided, however,
that some proper government 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 method OF
providing for this would be to enact that
any contract, subject to the prohibition
contained in the antitrust law, into which
It was desired to enter, might be filed
with the bureau of corporations or other
appropriate executive body. This would
provide publicity. Within, say, 60 days of
the filing-which period could be extended
htf Ia he 6atN.
any reason 1t did not give the department
eufficient time for a thorough exam,na-
ton-the executive department having
power might forbid the contract, which
would then become subject to the pro-
visions of the antitrust law, II at all in
restraint of trade .. .....s.
II no such prohibition was issued, the
contract would then only be liable to at
tack on the ground that Ii constituted
an unreasonable restraint OF trade. Wh61-
ever the period of filing had passed with
out any such prohibition, the contracts
or combinations could be disapproved or
forbidden only after notice and hearing
with a reasonable provision for summary
review on appeal by the courts. Labor
organizations, farmers organizations. and
other organizations not organized for pur-
poses OF profit. should be allowed to reg
lister under the law by giving the location
OF the head office, the charter and bylaws,
and the names and addresses of their
principal officers. In the interest of all
these Observation-Disclosures labor and
farmers organizations alike--the present
provision permitting the recovery of three
fold damages should be abolished and as
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 i;
a short statute of limitations should be
provided, so far as the past is concerned,
not TO exceed year. Moreover, and even
more In the interest OF labor than of
business combinations, all such suits
brought for causes of action heretofore
occurred should be brought only, If the
contract or combination complained Of
was unfair or unreasonable. 1t may be
well to remember that all of the suits
hitherto brought by the government under
where the combination or contract was
In fact unfair. unreasonable, and against
the public interest ....
Strikes Legal.
1t Is important that we should encour-
age trade agreements between employer
and enploye where they are just and fair
A strike is a clumsy weapon for righting
wrongs done 20 labor. and we should ex-
tend. so far as possible, the process of
conciliation and arbitration as a substitute
for strikes. Moreover, violence. disorder,
and coercion, when committed In connec-
ton with strikes, should be as promptly
mitted In any other connection. But
strikes themselves are, and should be- rec
ognized to be entirely legal. Combine
tions of workingmen have a peculiar rea-
son for their existence. The very wealthy
individual employer, and still more the
very wealthy corporation. stand at an
enormous advantage when compared To
the Individual workingman: and while
there ara many cases where IL may not
be necessary for laborers to form a union,
in many other cases II Is indispensa Bile
for otherwise the thousands of small units
the thousands OF Individual workingrnen
will he left HELPLESS In their dealings wifi
, the one big unit, the big individual OF
corporate employer.
Twenty-Five years ago. by the act OF
June 29 1886 trades unions were reco1.
| nized by law, and the right OF lahorine
| people to combine for all lawful purposes
was formerly recognised. this Right sn-