The Montgomery advertiser., 1908-04-07
SETH LOW EXPL ANS
TELLS PURPOSE OF SHERMAN ANTI ; 4 f.7-Sl TRUST LAW.
PrOfess6r JenIs, of Cornell University, Supported the Proposed Legisla- tion and Pointed Out Benefits
 That WOuId Ensue.

Washington, April 6--The sub-com- mittee of the Judiciary Committee Of the House. continued its hearings today on the bill introduced by Representa- tive Hepburn, of Iowa, at the request of the National Civic Federation to amend the sherman antitrust law:
 President Seth Low. of the National Civic Federation. made brief state ment when the committee met as to the purpose of the bill under consid- eration.
 "In refectinE upon criticisms of the Hepburn bill" he said. 1t seems to me that the scheme of the bill has not been perfectly apprehended. At the present time 1t Is the executive duty exercised by the Attorney General to fItermine whom to attack under the sherman law No one can find out whom the prosecuting department may choose, to attack. nor when. Our Dill does not change the legal status under the Sherman law of any combination or contract in restraint of trade, but 1t does provide a method by which these men can quickly find out if they want to-, from the Department of Commerce and Labor, whether the executive Is go- ing to attack or not; and while the ex- ecutiye may change its mind if time should show that a mistake had been made, it can then attack only by &C.,
 
 thing complained of is unreasonable restraint of trade. Evidently this is not an extension of executive power, bur a limitation upon 1t, and 1t involves no hardship upon any one, Tor every one is free to determine whether or not to apply for ruling. It is practically an offer made in return for publicity. to define the attitude of the prosecut- ing department toward a particular combination or contract in restraint of trade This is in the interest of uns- formity in the policy of the govern nsent under the sherman law. and in distinctly unfriendly to policy of ss- lection and prosecution and Is always possible under the law as 1t stands
 Professor J. W. Jenks, of Cornell University, supported the proposed leg. islation. Ho explained the technical details of the bill and pointed out the benefits that would ensue from it. He also compared 1t from legal stand point with the present law. showing the necessity. in his opinion. for the proposed changes
 The main point under discussion when Mir Jenks was on the stand was this: Whether the Federal government might properly secure from corpora tions certain information conceded to be in the interest of the public. though perhaps not directly connected with ip- I0rBIdle COHiAhSANot ty NiN iNH'iuS tV SOA porations engaged in Interstate cons- merce, certain privileges. 1t being nd. mitted for the sake of argument that corporations could not be directly com peIied by the courts to furnish such in- formation.
 The question arose out of a discus sion regarding publicity in connection with the business of corporations.
 MT Jenks stated that the committee which prepared the bill had at first been inclined to place in the proposed law, the questions which corporations should answer before registration. but that later 1t had been thought more ad- visable to leave to the President. the authority to frame those questions. h this work, said Mir. Jenks. the President could nt the questions to the changing