The San Francisco call., 1908-03-26

existing for and engaged in the promotion of
innocent and proper purposes snoqd De nanted
out, this antitrust law was a most unwlsey
drawn statute. 1t was perhaps ineyita6le tnat
in feeling after the right remedy the nrst at
tempts to provide such should be crude; and
1t was absolutely imperative that some eglsa-
est of the public the business use OF the
enormous aggregations of corporate wealth that
trial world. But the present antitrust law a IN N
its construction and working has exemphned
only too well the kind of legislation wnleh,
under the guise of being thoroughgoipg, Is
drawn up in such sweeping form as to become
either ineffective else mischievous
COMBINATIONS NECESSARY
In the modern industrial world combinations
are absolutely necessary; they are necessary
among businessmen, they are necessary among
laboringmen, they are becoming more ana
more necessary among farmers. Some OF these
combinations among the most powerful OF
all instruments for wrong doing. Others otter
the only effective way of meeting acnai pusi-
ness needs. 1t is mischievous and unwhoes9me
to keep upon the statute books unmodlned a
law like the antitrust law, which, whlie IN
practice only partially effective against vicious
combinations. has nevertheless, In theory, peen
construed so as sweepingly TO prohibit every
combination for the transaction or modern pusi- i
ness Some real good has resulted from this
law. But the time has come when it is i'm
perative to modify 1t. Such modification is
urgently needed for the sake Of the business
worker and for the sake of the farmers. The
congress cannot afford TO leave IL on lhe
ii
1t has become uncertain how far TINS
law may involve all labor organizations and
farmers organizations as weli @ as an business s
we Secure literal compliance with the law no"
far it may result in the destruction OF tne me
organizations necessary Tor the TRANSACTION oA
modern business well as OF all labor or
ganizatio and farmers organizations, com
pletely check the wise movement for securing
business cooperation among farmers and put
back half century the progress OF the move
mont for the betterment of labor A bill has
oil In III
situation Some such measure as TINS Dill is
needed in the interest of all engaged In the
Industries which essential to the coun-
trv's we'll being l do not pretend to say the
exact shape that the bill should take, ana inc
suggestions 1 have to offer are tentative anu
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 Dill.
CHANGES SUGGESTED
The substantive part of the antitrust law
should remain as at present; that s, is, every very
among the several states or with foreign ma
tons should continue to be declared ilegal'
provided. however, that some proper govern.
mental authority (such as the commissioner OF
corporations acting under the secretary. OF COM
such contracts Probably the best methods of
providing for this would be TO enact that any
contract subject e the pTohDo asred
to enter might be filed with the bureau OF
corporations or other appropriate executive
say GO days Of the fllng-which period C. could oa,
! Be extended by order OF the department when
! ever for any reason IT did not give the depart.
ment sufficient time for thorough examlna;
J ffun@-the executive department having sRowei
/ might forbid the contract. which would ther
! become subject TO the provisions of the. anti
/ trust law II at all in restraint OF. trade.
4 IL no such prohibition was issued the contract
would then only be liable to attack on the
ground thatit constituted an unreasonable re-
straint of trade. Whenever the period of filing
/ had passed without any such prohibition the con
4 tractor combinations could be disapproyed or for
! hidden only after notice and hearing with rea
sonable provision for summary review on appea
| BY the courts. Labor organizations, farmers or
ganizations and other organizations not organized
/ for purposes OF profit should be allowed to regis
! ter under the law by giving the location. of the
head office, charter and bylaws and the names
and addresses of their principal officers: In thu
interest of all these organiza tions--busness, la
Dor and farmers organizations aifke1the present
! provision permitting the recovery of; threefolt
! damages sifbuld be abolished and substitute
| therefor the right of recovery allowed for shoult
| only be the damages sustained by the plaintiff
and the cost of suit including reasonable at
| torneys fee.
NOT RETROACTIVE
The law should not affect pending suits;
| short statute of limitations should be provided