Los Angeles herald., 1908-03-26
TARIFF AND
LABOR LA WS
CHANGE
PRESIDENTS DOCUMENT FREE
FROM ATTACKS
is IN STRIKING CONTRAST TO
EARLIER LETTERS
Chief Executive Declares Time Has
Come for Abolition of Child
Labor - Discusses
lnjunctions
fconlinned from fnge onel

are so marked feature of the mod
ern industrial world. But the present
antitrust law in its construction and
working has exempified only too well
the kind of legislation which, under
the guise of being thoroughgoing, Is
drawn up in such sweeping form as to
become either ineffective or else mis-
chieVous.
'ln the modern industrial world
combinations 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 ordinations are among the
most powerful of all instruments for
wrongdoing. Others offer the only ef-
fective way of meeting actual business
needs.
at is mischievous and unwholesome
10 keep on the statute books unmodi-
fed a law like the antitrust law
which. while in practice only partially
effective against vicious combinations,
has nevertheless in theory been con-
strued 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 It is imperative to
modify it, Such modification is ur-
gently 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. The congress can
not afford to leave it on the statute
books in it's present shape.
Involves Labor
''It has now become uncertain how
far this law may involve all labor or
ganizations and farmers organizations,
as we'll as all business organizations IN
conflict with the law; or. If we secure
literal compliance with the law, how
far it may result in the destruction OF
the organizations necessary for the
transaction of modern business as well
as of all labor organizations and farm
ers organizations. completely check
the wise movement for securing busi-
ness cooperation among farmers and
nut back half a century the progress
of the movement fori the betterment or
labor. A bill has been presented in
the congress to remedy this situation.
Some such measure as this Dill is
needed In the interest of all engaged
in the industries which are essential to
the country's well being. / do not pre-
tend to say the exact shape that the
bin should take, and the suggestions l
have to offer are tentative, and my
views would apply equally to any oth-
err measure which would achieve the
desired end Bearing this in mind, l
would suggest merely tentatively the
following changes in the bill:
Changes Suggested
"The substantive part of the anti
trust law should remain as at pres
ent: that is, every contract in re-
straint of trade or commerce among
the several states or with foreign ma
tions should continue to be declared
illegal; provided, however, that some
proper governmental authority (such
as the commissioner of corporations
acting under the secretary of COM
merce and labor be allowed 10 pass
on any such contracts.
Probably the best method OF pro
viding for this would be to enact tnaI
any contract subject to the prohlpl-
tion contained in the antitrust law
into which it was desired TO enter
might be filed with the bureau or cor
porations or other appropriate eXecu-
tive body. This would provide pub
licity. Within say sixty days of the
hling-which period could be EXTENDED
bv order of the department whenever
for anv reason it did not give the de-
partment sufficient time for thor
ough examiantion-the executive de-
partment having power might forbid
The contract, which, would then De
come subject to the provisions OF the
antitrust law if at all in restraint OF
trade.
.sIf no such prohibition was issued
the contract would then only be liable
Ia attack on the ground that II con-
stituted an unreasonable restraint OF
trade. Whenever the period of filing
had passed without any such prohibi-
tion the contracting combinations
could be disapproved or forbidden only
after notice and hearing, with rea-
sonable provision for summary review
ON appeal by the courts. Labor or
ranizations. farmers organizations and
other organizations not organized Tor
purposes of profit should be allowed TO
register under the law by giving the
location of the head office, charter,
bylaws and the names and addresses
of their principal officers.
"In the interest of all the organi-
zations-business labor and farmers
organizations alike-the present pro-
vision permitting the recovery Of three
fold damages should be abolished and
as a substitute therefor the right OF
recovery allowed for should only be
the damages sustained by the plain
tiff and the cost of suit, including a
reasonable attorneys fee.
1.-THE law should not affect pending
suits: q short statute of limitations
should be provided so far as the past
is concerned. not TO exceed a year
Moreover and even more in the inter-
est of labor than of business coInbi-
nations, all such suits brought for
causes of action heretofore occurred
should be brought only if the contract
or combination complained of was un-
fair or unreasonable 1t may be well
to remember that all the suits hitherto
brought by the government under the
antitrust law have been in cases
here the combination or contract was
in fact unfair unreasonable and
against the public interest.
Aid Trade Agreements
1T is important that We should en-
courage trade agreements between en-
ployer and employe when they are
lust and fair A strike is "A clumsy
weapon for righting wrongs done to
labor and we should extend so far as
possible the process of conciliation and
a a-',itration as a substitute for strikes.
oreover, violence and disorder and
coercion, when committed in connec-
ton with strikes should be as prompt
ly and as sternly repressed as when
committed in any other connection.