Los Angeles herald., 1909-09-21

have the court attempt to establish
some line between what are called good
and bad trusts, as if the suppression
of competition in some cases was a
good thing and in other cases was bad,
1 cannot agree that any such distinc-
| tion can be properly made.
| "AIl combinations to suppress COM
petition or to maintain a monopoly in
whole or in part of interstate trade
are and should be in violation of the
antitrust law, and should be punished
as such; and there is no room for the
expression, reasonable or unreason-
able in this general view of the
statute.
Would Exclude Boycott
eff the statute were limited to COM
binations, conspiracies and contracts to
restrain trade with intent to monop-
olize interstate trade, and with in
tention to suppress competition there
in, it would probably not include with
in its denunciation a boycott against
railroads. going into interstate trade,
because such a boycott is a restraint
against Interstate trade, with the IN
tention to restrain it, but 1t is not re
straint of interstate trade with inent
either to suppress competition or to
maintain a monopoly of the goods with
respect to which the contract is made
at am entirely opposed to excepting
from the operation of any law of gen.
eral application a class of persons IKE
| laborers, or Workingmen or tarmers'
or ministers, or teachers or lawyers.
"Take the present antitrust law,
therefore, and insert special eXcep-
tion to the application of that law py
providing that it should not apply 10
the trade unions class, and it would be
! Of he most vicious
| acter. but when you make the law ap-
nIv only to conspiracies seeking to sup
nress connection or to mOnopolize the
| trade then the labor boycott is prob
ably not included, simply because the
statute would not seem vide enough
to include it in its scope, and TINS re-
sult is obtained without class legisla-
tion at all.
cause I believe that the ordinary ac-
ton of equity bv injunction IN any
n1ace where the boycott is operative
| can effectively accomplish all the pur-
noses that ought to be accomplished by
the suppression of such an evil ON
the other hand, to employ the anti
| trust law for the purpose of suppress
ing evils growing out of the labor or
! ora anizstions is to take advantage
against such unlawful labor organiza-
| tions of the litoral terms of a statute
| which probably was not intended 10
| include that which judicial construc-
ton could not avoid including Wlthln
its words.
Accusatory Bureau
at would probably seem wise to es-
tablish an accusatory bureau in the
| department of justice to institute
prosecutions for violations of the in
| terstate commerce law and of the
antitrust laws, while it would be wise
to continue the bureau of corporations,
enlarging it's scope somewhat, perhaps.
to MAINTAIN the registration of corpora
tions and the investigation into their
oneration so far as interstate trade is
concerned.
"It has been found most difficult to
senarate the administration from the
nuasi-iudicial functions of the inter-
| state commerce commission, but it is
thought IL would be wise to take away
from them any responsibility in regard
to the investigation of the validity of
| their orders before the interstate COM
merce commission court, ana then
leave the maintenance of these orders
to the department of Justice when the
| anneal comes to be heard in the court.
"The two statutes which must claim
the attention of our congress in it's
next session are the interstate COM
merce law and the antitrust law.
| "Another series of questions for con-
gress are with reference 70 the con-
servation of resources.
"These l shall not discuss now, but
shall do later in my journey.
'The monetary commission will
probably report so that its final con-
| clusion may be considered at the end
of the coming session or at the Begin