Waterbury evening Democrat. [volume] (Waterbury [Connecticut]) 1903-1917, 1908-03-25

mat III letlllk ulttT tie TlsHl lcmSuf
the first attempts to provide such
should be crude, and it was absolutely
imperative that some legislation should
be passed to control, in the interest
of the public, the business use of the
enormous aggregations of corporate
wealth that are so marked feature
Of the modern industrial world. But
the present antitrust law, in its con-
structlon and working, has exempli-
fed only too well the kind of legisla-
ton which, under the guise of being
thoroughgoing, is drawn up in such
! sweeping form as to become either
ineffective or else mischievous.
Combinations Absolutely Necessary.
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
wrongdoing. Others offer the only eff
fective way Of meeting actual business
needs 1t is mischievous and unwhole.
some to keep upon the statute books
unmodified a law, like the antitrust
law, which, while in practice only par
TALLY effective against vicious combina-
tions, has nevertheless in theory been
construed 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 urgent
ly needed for the sake Of the business
men of the country, for the sake Of the
| wageworkers and for the sake of the
farmers. The congress cannot afford
to leave it on the statute books in its
present shape.
1t has now become uncertain how
far this law may involve all labor or
CARNATIONS and farmers organizations,
as well as al. business organizations, in
literal compliance with the law, how
far it may result in the destruction Of
the organizations necessary for the
transaction of modern business, as
we'll as of all labor organizations and
farmers organizations, completely
check the wise movement for securing
business cooperation among farmers
and put back half century the prog
ress Of the movement for the better
ment of labor. A bill has been pre-
scented 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 well being.
l do not pretend to say the exact shape
that the bill should take, and the sug-
gestions 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 ten
tatively, the following changes in the
law:
Should Not Draw the Teeth.
The substantive part of the anti
trust 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, pro-
vided, however, that some proper gov
ernmental authority (such as the COM
missioner 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 pro-
hibition contained in the antitrust law,
into which 1t was desired to enter.
might be filed with the bureau of cor
porations or other appropriate execu.
tive body. This would provide public.
ity. Within, say, sixty days of the fl.
ing-which period could be extended
by order of the department whenever
for any reason 1t did not give the de-
partment sufficient time for thorough
examination-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.
Liability Should Be Reduced.
II no such prohibition was issued,
the contract would then only be liable
10 attack on the ground that it consti-
tuted 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 hearing with a reasonable
provision for summary review on ap-
peal by the courts. Labor organiza-
tons. farmers organizations and other
OF CARNATIONS not organized for pur-
poses Of profit should he allowed to reg
lister under the law by giving the loca-
tion Of the head Office. the charter and
bylaws and the names and addresses
of their principal officers. In the in I
terest Of all these organizations bush
ness. labor and farmers organizations
allke-the present provision permitting
the recovery Of threefold damages
should be abolished. and as a substi- !
tute therefor the right Of recovery al |
lowed for should be only the damages
sustained by the plaintiff and the cost /
Of suit. including a reasonable sttor- /
ney's fee
The law should not affect pending |
suits. A short statute Of limitations |
should be provided. so far as the past .
j. concerned. not to exceed a year.