The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-26
Jacobs & Levy


period could be extended by order
of the department whenever for
any reason it did not give the
department sufficient time for
thorough examination-the eEccu-
tive department having power
might forbid the contract, which
would then become subject to the
provisions OF the antitrust law,
ii at ali in restraint of trade.
Abolish Threc-Foid Damage.
II no such prohibition was issued,
the contract would then only be
liable 10 attack on the ground that
it constituted an unreasonable re-
straint of trade. Whenever the
period of filing had passed with
out any such prohibition, the con-
tracts or combinations could be
disapproved or forbidden only after
notice and hearing with reason
able provision for summary review
on appeal by the courts. Labor
organizations. farmers organiza-
tons, and other organizations not
organized for purposes of profit,
should be allowed to register under
the law BY giving the location of
the head office. the charter and by
laws. and tic names and addresses
OF their principal officers. In the
interest of all these organizations
business. labor and farmers organ
izat!ens alike-the present pro-
vision permitting the recovery of
threcfold damages should he abol-
ished. and as a substitute therefor
the right of recovery allowed for
should be only the damages sus-
tanned by the plaintiff and the
cost Of suit. including a reasonable
attorneys fee.
The law should not affect pend
ing suits: a short statute of limi
tations should be provided, so far
as the past is concerned. not 10
exceed a year. Moreover, and even
more in the interest of labor than
Of business combinations. all such
suits brought for causes of action
heretofore occurred should be
brought only If the contract or
combination complained of was un-
fair or unreasonable. IT may be
well TO remember that all of the
suits hitherto brought by the gov
eminent under. the antitrust law
have been in cages where the COM
bination or contract was in fact
unfair. unreasonable, and against
the public interest.
Encourage Trade Agreements.
1t is important that we should
encourage trade agreements be-
tween employer and employee
where they are just and fair. A
strike is clumsy weapon for
righting wrongs done to labor, and
we should extend, so far as pos
sible. the process of Cancellation
and arbitration as substitute for
strikes. Moreover. violence. dis
order and coercion. when COM
mitted in connection with strikes,
should be as promptly and as
sternly repressed as when COM
mitted in any other connection. But
strikes themselves are, and should
be, recognized TO be entirely legal.
Combinations of workingmen have
peculiar reason for their exist
ence. The very wealthy individual
| employer, and still more the very
| wealthy corporation. stand at an
enormous advantage when COM
| pared to the individual working
| man; and while there are many
| cases where 1t may not be neces-
| sary for laborers to form union,
| in many other cases it is indis-
| pensable, for otherwise the thou
sands of small units, the thousands
of individual workingmen, viii be
left helpless in their dealings with
| the one big unit the big Individual
| or corporate employer.
Twenty-Five years ago, by the
| act of June %, 1856, trades unions
We're recognized by law, and the
right of laboring people to combine
! for all lawful purposes was for
| mally recognized, this right in
Guiding combination for mutua,
| protection and benefits, tho regu.
lation of wages, hours and condi.
tons of labor, and the protection
of the individual rights of the
workmen in the prosecution OF
their trade or trades; and in the
! act of June l, 1898, strikes were
recognized as legal in the same
provision, that forbade participa
ton in or instigation of force o,
violence against persons or prop
erty, or the attempt to proven
others from working, by violence
threat, or intimidation. The bust
ness man must be protected II
person and property. and so mus
the farmer and the wageworker
and as regards all alike, the rigll
of peaceful combination for al
lawful purposes should be explicit
ly recognized
Employers Right to Combine.
The right Of employers to com
bine and contract with one anothe
and with their enplOVoS SHOULD