Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-03-26

tion should be passed to control, in
the interest of the public, the BUSH
ness use of enormous aggregations OF
corporate wealth that are now a
marked feature of the modern indus
trial world. But the present antitrust
law, in its construction and working,
has exemplified only too well the kind
of legislation which, under the guise
of being thorough going, is drawn up
in such sweeping form as to become
either ineffective or else mischievous.
All Combinations Not Bad.
In the modern Industrial world com
binations 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
more powerful Of all instruments for
wrongdoing. Others offer the only
effective way of meeting actual bust
ness needs. It is mischievous and I'M
wholesome to keep upon the statute
books unmodified law, like the anti
trust law, which, while in practice Is
only partially effective against vari-
GUS combinations, has nevertheless
been SO construed 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 i'm
perative to modify it. Such modifica-
ton 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 farmers. The con-
gress cannot afford to leave it on the
statute books in its present shape.
Serious Blow to Progress.
It has now become uncertain how
far this law may involve all labor or
CARNATIONS and farmers organiza-
tions, as well as all business organ
izations 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 nee
essary for the transaction of modern
business, as well as of all labor or
CARNATIONS and farmers organiza-
tons, completely check the wise move
ment for securing business co-opera-
ton among farmers and put back
half 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 needed in
the interest of all engaged in the in
dustries which are essential to the
country's wellbeing. do not pretend
to say the exact shape that the bill
should take and the suggestions have
to offer are tentative; and my views
would equally apply to any other
measure which would achieve the de-
sired end. Bearing this in mind I
would suggest, merely tentatively, the
following changes in the law:
Restraint of Trade Condemned.
The substantive part Of the anti
trust law should remain as at pres
ent, that is, every contract in restraint
OF trade or commerce among the sew.
eral states or with foreign nations
should continue to be declared Illegal; ;
provided, 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 method
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 to en-.
ter, might be filed with the bureau of
corporations or other appropriate OK.
ecutive body.
This would provide publicity. With.
In say sixty days of the filing-which
period could be extended by order OF
the department whenever for any
reason it did not give the department
sufficient time for thorough exam.
ination-the executive department
having power might forbid the con.
tract, which would then become sub
ject to the provisions of the antitrust
law, If at all in restraint of trade.
. r
Legal Process in Certain Cases.
If no such prohibition was issued
the contract would then only be liable
to attack on the ground that it con.
stituted an unreasonable restraint OF
trade. Whenever the period of filing
had passed without any such prohibi
ton the contracts or combinations
could be disapproved or forbidden only
after notice and hearing with a rea
sonable provision for summary review
on appeal by the courts.
Labor organizations. farmers organ.
izations and other organizations no
organized for purposes of profit shoult
be allowed to register under the Law
by giving the location of the heae
Office. the charter and bylaws and thu
names and addresses of their prin
cipal officers. In the interest Of al
these organizations-busin labor
and farmers organizations alike-ths
present provision permitting the re
covery of threefold damages should
be abolished and as a substitute
therefor the right of recovery allowed
for should be only the damages sus
tanned by the plaintiff and the cost o
IL A.