Omaha daily bee., 1909-02-04
NO CHANGE IN THE SHERMAN Law

~ thAANI AN IhE SIM INA Law
In a report indefinitely postponing
the bill amending the Sherman anti
trust law, the Judiciary committee of
the senate fatty rejects President
Roosevelt's plan for tho control Of
trusts, a plan that was concurred in
by the National Civic Federation and
embodied in the bill offered by Sena-
tor Warner of Missouri. The Sher-
man law places all corporations, as
well as individuals, in the same cate
CORY, so far as it prohibits combina-
tons In restraint of trade. The Warner
bill separates these classes into those
engaged in interstate and
those not subject to such laws. 1t
provides for a system of registration
and allows the railroads to form GER
tain combinations, subject to the APP
proval of the Interstate Commerce
commission, which is given authority
to decide whether the combination is
in restraint of trade and, IL so, to for
bid it. On this point the committee
report says:
The difference between the two classes
Of corporations is this-that in the case
or common carriers, the Interstate Com
merce commission is given the power of
the question of reasonable
ness or unreasonableness in the first in
stance, while as to the other corporations
this power is conferred on the commits
sioner Of corporations. In the one case
the power of giving a quasi, or qualified.
immunity, from criminal and civil prose-
cution is conferred on the commissioner
OF corporations, and in the other case on
the Interstate Commerce commission. In
both cases the power of determining.
without notice or hearing, whether a con-
tract or combination in general restraint
Of trade is reasonable or not, a power
which, as We have herein shown the
courts deny to themselves. is conferred
on the mere head of a bureau in one case
and on a special body in another case,
and by thus making civil and criminal
prosecution hinge. on the question of rea-
condolences or d~hreasonableness it de-
stroys. as we shall hereafter show, the
provisions of the act as to criminal pros
ecutions, and renders them nugatory, and
opens the door wide to doubt and uncer-
tainty as to civil prosecutions.
The result is that, technically as to
criminal prosecutions and practically as
to civil prosecutions, q dispensing mower.
a power of granting immunity, is, In the
one case, conferred on a mere bureau
head, and in the other case on an ad-
ministrative body, and in both cases with
out notice or hearing and wholly ex parte
"a course Of procedure that would not be
tolerated in any court of our country.
Shall we confer a power upon the mere
| n lead of n hnraau that fha DaIs,,,aA -
England were unwilling to accord to the
king, and which they regarded as a men
ace to their liberties?. To do so would
be a most serious departure from the
fundamental principles of our government,
and would do violence to what we con-
ceive to be due process of law.
This part of the report is but a
repetition'of the argument persistently
made against the plan proposed by the
president. 1t has beer contended that
the enactment of the proposed law
would place all interstate commerce at
the mercy of the judgment Of an ad-
ministrative official, making, it is con-
tended, a government of personal
power and discretion rather than a
government Of principle and law.
While this point may be open to
argument, the second feature of the
report is nothing short Of ridiculous.
This, in brief. declares that the Sher-
man law needs no amendment. but IL
a model. Speaking of the proposal to
make the antitrust law apply only to
unreasonable" combinations and re-
straints of trade, instead of to all such
combinations, as the law now stands.
the committee says:
To amend the antitrust act, as my
gested by this bill, would be TO ~entireIv
emasculate II, and for all practical pur-
poses render it nugatory as a remedial
statute. Criminal prosecutions would not
lie and civil remedies would labor under
the greatest doubt and uncertainty. The
act as IL exists is clear, comprehensive.
certain and highly remedial. It prac-
tiesly covers the field of federal juris-
diction. and Il in every respect a model
law. To destroy or undermine 1t at the
present junoture, when combinations are
on the Increase, and appear to be as OBJ
livious as ever OF the rights of the pub
lie, would be a calamity.
This amounts practically to an ex-
preston of opinion by the senate COM
mittee that there is no need of i'm
provement of a law, the defects of
which have been plainly pointed out
by the supreme court OF the United
States. The report of the committee.
which ends all prospect of any anti
trust legislation at this session, serves
to emphasize the fact that the rail-
roads and the big industrial combina-
tions have not yielded their fight
against the Roosevelt policies.