The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-25

thorough going, is drawn up in such
sweeping form as to become either in
effective or else n1ischievous.
| 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
| most powerful of all instruments for
| wrong-doing. Others offer the only
| effective way of meeting actual busi-
| ness needs 1t is miSchievouS and I'M
| wholesome to keep upon the statute
| books unmodifed a law like the anti
| trust law, which, while in practice only
| partially effective against vicious COM
| binations, has nevertheless in theory
| been 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 modif1ca-
| tion is urgently needed for the sake
or the business men of the country;
for the sake of the wage workers, and
for the sake of the farmers. The con-
gress can not afford to leave it on the
statute books in it's present shape.
As 1t Relates to Labor.
1t has now become uncertain how
far this law may involve all labor or
ganfZatfonS and farmer organizations,
as well as all business organization 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 cheek
the wise movement for securing buSi-
| ness cooperation among farmers, and
put back half a century the progress
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 in
dustries which are essential to the
country's well-being. / 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 apply equally to any other meas
ure which would achieve the desired
end. Bearing this in mind. I would
suggest, merely tentatively, the fol-
lowing changes in the law:
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
nations should continue to be de-
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 con-
tracts. 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 en-
ter, might be filed with the bureau Of
corporations or other appropriate
executive body. This would provide
publicity. Within. say, sixty days of
the filing-which period could be ex-
tended by order of the department.
whenever for any reason it did not
give the department sufficient time
for a thorough examination-the exc
cutive department having power
might forbid the contract, which
would then become subject to the
provisions of the antitrust law, if at
all in restraint of trade.
Unions Should Register.
If no such prohibition was issued,
the contract would then only be liable
to attack on the ground that it con-
stftuted an unreasonable restraint of
trade. Whenever, the period of filing
had passed without any such prohibit
ton, the contracts or combinations
could be disapproved or forbidden
only after notice and sharing with a
reasonable provision for summary
review on appeal by the courts. La
Dor organizations, farmers organiza-
tions, and other organizations not or
ganized for purposes of profit should
be allowed to register 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 Ia
bor and farmers organizations alike
the present provision permitting the
recovery of three fold damages should
be abolished, and as a substitute
therefore the right of recovery al
lowed for should be only the dam
ages sustained by the plaintiff and
the cost of suit including a reason
able 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.
Moreover, and even more in the in
terest of labor than of business COM
binations, all such suits brought for
causes of action heretofore occurred
should be brought only II the con-
tract or combination complained of
was unfair or unreasonable 1t may
be we'll to remember that all of the
suits hitherto brought by the govern
ment under the antitrust law have
been in cases where the combination
or contract was in fact unfair, un-
reasonable, and against the public in
terest.
It is important that we should en-
courage trade agreements between
employer and employe where they
are just and fair. A strike is a
clumsy weapon for righting wrongs
done to labor, and we should ex-
tend, so far as possible, the process
of conciliation and arbitration as a
substitute for strikes. Moreover. vio-
lence, disorder and coercion, when
committed inf connection with strikes
should be as promptly and as sternly
repressed as when committed in any
other connection. But strikes them
selves are and should be, recognized
to be entirely legal. Combinations of
working man have a peculiar reason
for their existence. The very wealthy