Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-03-25


! ness reeds 1t is mschievous and
| unwholesome TO keep upon the statute
! books unmodified law like the anti
| trust law which. while In practise only
| partially effective against vicious COM
binations. has nevertheless in theory
been construed so sweeping as to pro
! hiblt every combination fol the trans
| action of modern business. Some real
| good has resulted from this law But
the time has come when II is impera-
tive To modify H. such mobilization Is
urgently needed for the sake of the
business men OF the country, for the
sake of the wage workers and for the
sake of the farmers. The Congress
cannot afford to leave, it on the statute
books in its present shape.
CHANGES ARE TENTATIVE.
1t has now become uncertain how
far this law may involve all labor or
PLANTATIONS and farmers organizations.
as well as all business organizations IN
conflict with the law. or il we secure
literal compliance with the law how
far 1T may result in the destruction OF
the organizations necessary for tho
transaction of modern business as well
as of all labor organizations and farm
ers' organizations completely check
the wise movement FOR securing busi-
ness cooperation among farmers and
put back half century the progress
of the movement for the betternent OF
labor A bill has been presented in
the Congress to remedy this situation.
Some such measure as this bill ls
needed i'm the interest of all engaged
in the industries which are essential
to the country's well-being. ] do not
pretend to say the exact shape that
the bill should take, and the sugges-
tons 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 tentatively the
following changes in the law:
FILING OF CONTRACTS.
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 tsuch 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 pub
licity. Within say 60 days of the filing
which period could be extended by
order of the department whenever for
any reason II did not give the depart
ment sufficient time for thorough eH-
amination-the executive department
having power might forbid the contract
which would then become subject TO
the provisions of the antitrust law If
oil f,, int Of
NOTICE AND HEARING.
II no such prohibition was issued the
contract would then only be liable to
attack on the ground that it constituted
an unreasonable restraint or trade.
Whenever the period of filing had pass
ed without any such prohibition the
contractor combinations could be cie-
approved or forbidden only after notice
and hearing With n reasonable proV!-
sion for summary review on appeal by
the courts. Labor organizations farm
ers' organizations and other organiza-
tons not organized for purposes OF
prht should be allowed to register I'M
der the law by giving the location of
the head office. charter and bylaws and
the names anG addresses of their prin
Cipal officers. In the interest of all
these OBSERVATION-DISCLOSURES labor and
farmers organizations alike-the pres
ent provision permitting the recovery
of threefold damages should be abol- |
ished and as a substitute therefor the |
right of recovery allowed for should be |
only the damages sustained by the
plaintiff and the cost of suit including |
a reasonable attorneys fee.
PENDING SUITS.
The Law should not affect pending |
suits; Il short statute of limitations |
10.
is concerned, not to exceed year |
Moreover and even more in the Inter |
est of labor than of business combina-
lions. all such suits brought for causes |
of action heretofore accrued should |
be brought only II the contract or |
combination complained of was unfair |
or unreasonable II may be well to |
remember that all OF the suits hither- |
To brought by the government under |
the antitrust law have been In caso3 |
where the combination or contract was |
in fact unfair unreasonable and |
against the public interest
TRADE AGREEMENTS
1t Is important that we should en- |
courage trade agreements between en- |
ployer and employe when they are Just !
and fair. a strike is a clumsy weapon |
for rightlng wrongs done to labor and |
we should extend so far as possible the |
process OF Cancellation and arbitration |
as a substitute for strikes. Moreover. !
violence disorder and coercion when |
committed in connection with strikes |
should be as promptly and as sturnly |
depressed AS when committed in any |
other connection. Hut strikes them |
selves are ana should be recognized 20 |
be entirely legal, Combinations of work. !
ingmen have a peculiar reason for their |
existence The very wealthy individual |
employer and still more the very
wealthy corporation stand AT an enor-
nous advantage when compared TO the
individual workingman: aud while |
there are many cases where 1t may not
be necessary for laborers to form a un-
ion. In many other cases IL is indis-
pensabe FOR otherwise the thousands 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.
RIGHTS OF LABOR
Twenty-Five years ago by The act on
June %. 1850 trades unions were rec
ognized by law and the right OF laborlng
people To combine for all lawful pur-
lDses was formally recognized this |
right including combination for mutual
protection and benefits, the regulation
III wages hours aud conditions OF labor
and the protection of the individual
rights Of tie workngmen In the prose-
cution OF their trade or trades; and In
III ~ agt ~ lima 4 1SuS gtTikCg ANsta tsao