Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-09-21
TAFT WOULD LIMIT THE
APPEALS OF RAILROADS
Continued from Page One.

denounces such contracts. when in re-
straint of trade, as criminal. whether
made with intent to monopolize or sup
press competition or without intent to do
either.
1.-THE theory seemed to be that a con-
tract in restraint of interstate trade tend
ed to a monopoly and therefore should
be denounced because of its tendency,
whether there was any actual purpose on
the part of the person making 1t to mo-
nopolize or suppress competition or not
FEATURE is WEAKENED.
This feature Of the present antitrust
lew has, it seems to me, weakened its
force because 1t has seemed to bring
within the condemnation of the law con-
tracts and other arrangements which
were actually innocent in their character;
and which were not included in those va
ricus combinations which it was the real
! intent of the law to suppress. If the
! crimes denounced in the law were con-
! fined to combinations, conspiracies and
| contracts made with intent to monopoliZe
or partially monopolize interstate trade.
! or to suppress competition in interstate
trade, then the real object of the law
! would come within it's denunciation, and
no one could declare tnat it included a
! lot of innocent contracts or arrange
ments.
"It has been suggested that the law
| ought to limit its denunciation to those
contracts in restraint of trade that are
unreasonable. do not FAVOR any such
| Limitations. 1t seems to be proposed to
| leave to Judges to decide what combina-
tions and contracts in restraint of trade
ought to be permitted to exist and to be
| enforced on general grounds of public
| policy-in other words to have the court
| attempt to establish some zines between
| what are called good anu 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 distinction can properly be made.
| PUNISH COMBINATIONS.
| "All combinations to suppress competi-
| ton or to maintain a monopoly In whole
| or in part of interstate trade, are and
1 should be- in violation of the antitrust
| law, and should be punished as such; and
there is no room for the expression-rea-
| sonable or unreasonable-in this general
view of the statute.
"If the statute were limited to combina-
tions, conspiracies and contracts to re-
| strain trade with intent to monopouze in
| terstate trade, or with intent to suppress
competition therein, it would probably not
| include within its denunciation goods go
| ing into Interstate trade, because such a
| boycott is a restraint against interstate
trade with the intention TO reSrain 1t, but
| 1t is not a restraint of interstate trade
with intent, either to suppress competition
! or to maintain a monopoly of the goods
| with respect to which the contract is
| made.
| OPPOSED TO EXCEPTIONS.
/ IT am entirely opposed to excepting
| from the operation of any law of general
| application a class of persons like labor
fr- ofsaFv
tiers or teachers or lawyers. Take the
present anti-trus flaw, therefore. and in
sert a special exception to the application
! of that law by providing that 1t should
not apply to the trade union class, and it
! would be legislation of the most vicious
| character but when you make the law
| apply only to conspiracies seeking to sup
pnOss competition or to monopolize the
y trade, then the labor boycott is probably
not included, simply because the statute
would not seem wide enough to include it
| in it's scope, and this result is obtained
without class legislation at all.
II am in favor of this change because L
believe that the ordinary action in equity
by injunction in any place where the boy
colt is operative can effectively accom-
plish all the purposes that ought to be
| accomplished in the suppression of such
an evil. On the other hand, to apply the
antitrust law for the purpose of sup
/ pressing evils growing out of the labor
| organizations is to take advantage
| against such unlawful labor organizations
of the literal terms of a statute which
probably was not intended to include that
which judicial construction could not
avoid including within its words.
/ AN ACCUSATORY BUREAU.
at would probably seem wise to estab-
lish an accusatory bureau in the depart
4 ment of justice to institute prosecutions
for violations of the interstate commerce
law and fthe antitrust law, while 1t
| would be wise to continue the bureau of
corporations, charging it's scope some
| what, perhaps, to maintain the registra-
ton of corporations and the investigation
into their operation so far as interstate
trade is concerned.
| ut has been found most difficult to
separate the administrative from the
quasi judicial functions of the interstate
commerce commission, but it is thought
I that 1t would be wise to take away from
them any responsibility in regard to in
lvestigation of the validity of their orders
before the interstate commerce commits
sion court and to leave the maintenance
of those orders to the department of JUS
itice when the appeals come on to be
heard in the court.
THE two statutes which must 'claim
the attention of our congress in its next
session are in regard to the interstate
commerce law and the antitrust law.
! Another series of questions for con-
gress are with reference to the conserva-
ton of resources. These shall not dis
!! cuss now but shall do so later in my
journey.
1.-The monetary commission will prob
ably report so that its final conclusion
may be considered at the end of the
coming session or at the beginning of the
next. In any event we look forward
to the work which this congress has to
do we must be conscious that the meas
ures I have proposed will consume all
the time there is.
"All this is in the line of performing
the promises of the Republican platform,
and we can certainly be discharging no
higher or more sacred duty"
No Attempt to Run Cars in
Omaha During Taft's Visit
OMAHA, Neb Sept. Boy President
Tafts request no attempt will be made
H. T.. I,4r.