New-York tribune., 1909-09-21
ANTITRUST Law CHANGES.


This brings me to the question OF the antitrust
law iaw While we have not thrashed the whole mat
strongly inclined to the vew that tn wa, 10 make
the antitrust law more effective IS narrow It's
prohibition and denunciation as a crime anything
@ 1ut a conspiracy or combination or contract en-
press competition in interstate trade
trade. except those which called reasonable.
the courts would decline enforce. The anti
stralnt Of interstate trade criminal. whether
competition or Witboup inIeD to 40 oF 70 %
theory seemed to be that contract in restraint
fore should be denounced because OF its tendency
OF me person making II to monopolize or suppress
competition or not.
o. This feature Of the present antitrust Law has.
u seems to me- weakened its force. because 10
i seemed 20 bring within the condemnation Of the
actually innocent In their character and which
yo-it 49, anu SGhtIaSts made with intent 10
or party rnonopolze Interstate trade;
Grafton to be unreasonabIe In tHat h tncused H I8t
OF innocent contracts or arrangements.
. II has been suggested that the law ought to limit
us remuneration 10 those contracts in restraint
OF trade that are unreasonable I do not favor
y In sIh t Iliiaon. t IL seems TO De proposed 10
aud contracts in restraint OF trade ought to be
grounds OF public policy; in other words 70 have
tne court 10 attempt to establish some lines be
the suppression OF competition in cases was
not agree that any such distinction properly be
An combinations TO suppress competition or 10
maintain a monopoly in whole In part OF inter
antitrust law and should be punished as such.
and there is no room for the expression reasonable
X the statute were limited 10 combinations con
tent To onapS1 10 restrain trade With in
10 suppress competition therein. Il would probably
not include within it denunciation OF the boycott
against goods going into Interstate trade because
such such boycott Is restraint against interstate
trade With the intention TO restrain 1t. 1t Is
not restraint OF interstate trade with intent
monopoly OF the goods with respect 10 Which the
contract Is made.
WOULD EXEMPT LABOR BOYCOTT.
am entirely opposed to excepting from The
operation OF any law OF general application class
OF persons like lahorers or workingmen or farmers
Omit OF ministers or teachers or lawyers. Take the
Special exception to 4Ss 1nersf9re and insert
providing that II should not apply 10 the trade
most vicious character; but when YOU make tbe
law law apply only to conspiracies seeking To sup
the labor boycott is probably not included simply
to include it in it's sco1 mot n0 seem i wide enough
tanned without class legislation at all.
mat the ordinary action in equity BY Injunction
- cty PiSCe wheTe the boycott is operative can
To De accomplished in the suppression Of such an
o., ON the other hand. to apply the antitrust la,,
TOT S tne purpose OF suppressng evils growing ont
against against such unlawful labor organizations OF t5e
intended To include that Wbinh PROBABLY was
words O'Nu'''s Ni1lin ttS
1t ~ would probably seem wise to establish an ac
SuSttttoIE bureau In the Department OF Jusfica =,
luSutute prosecutions for violations Of f6s in.-
STATE commerce law and OF the anti -tr,Is, -.
Mhle II would be wise to continue me Js,,res,
SorPorauohs, enlarging its scope someyy bat 80 70
70 MAINTAIN the registration OF cOrDoratiOrs
1uu thc investigation into their ODeratfo1 - ~.
hS interstate trade is concerned 50 TAT
IL has beenffOund most dificuIt 10 so,... .
S from the quasi judicial fInC,iS,,
OF the Interstate Commerce COmmiSsi0n -. iOIs
~ "ousht tnat " would De wise take AVA, Fr,n
~ any responsibility in regard to the invest{satSn,
.Ie NaliuIty OF IT'S orders before the IntSrstst
Cohiillssion court and to leave tbS
Siihleiilnce or these orders the DeDerS
the ~ ''t W pe heard IN
me Two statutes which must claim tba o+..D
uon non OF our congress in its next session - ~
iseIstate commerce law and the anti-trI,e, e'o
Hhother series OF questions for CSnSrsssS "a w.
MIL reference 10 the conservation or Tsss,
,t l.ese l snail not discuss now. but shan IN 81
The Monetary COmmisston Ill,
~ 'laI Us uIlai conclusion may be cOnsiSars5 80
~ ee emu OF the coming session or al the $500, az
~ ~ 'Ie next, IN any event. we look forysar5
b be ~ Morh which this Congress has TO do we rrP 60
% cOnsclous that the measures I nave ,D--s .t'uSs
viii consume all the time there ia O proposed
~ an ShlS Is IN the line Of performing tba -.
,t, vi the republican platform and we 80 @
duty. ~ ''s"eF OF more sacred