The Washington herald., 1910-09-06

All this legislation has been in the in
terest of the farmers, and might be
characterized as class legislation; but
so great is the general public interest in
the promotion OF agriculture that II can
not be termed unduly privileged or
Objectionable.
Work of Labor Bureau.
so. on the other hand. take the work
ingman. The government has created
Bureau Of Labor in which statistics
are gathered and investigations are had
into the conditions prevailing in respect
to all classes OF labor. including child
labor. with a view OF making clear the
remedies needed. whether by State or
national legislation.
The head OF the Bureau Of Labor and
the chairman of the Interstate Commerce
Commission, under what IS known as the
Erdman act. intervene officially IN
every dispute between interstate COM
merce railway companies and their en-
ployes; and the amount of good in the
settlement OF controversies and the stop
ping OF disastrous strikes that has been
done by Commissioner Neil and Ctair-
man Knapp cannot be oyerstated.
This Legislation is in the interest and
for the benefit Of a class-the working
men-but they are so large a class and
their welfare so important TO the public
at large that. while il might be charao-
terized as class legislation. it is greatly
for the public veal. and cannot be domi-
mated privileged or Objectionable. We
need-and I hope we shall secure-more
of such legislation.
But there is a kind of legislation 70
which I would refer that does come un-
der the head Of vicious class legislation.
and I hope l can make the distinction
cloar between this and what I have been
describing. A number OF statutes have
been passed in the States against combi-
nations or conspiracies 10 restrain trade,
to suppress competition. or to maintain
prices; and there has been sometimes an
attempt 70 insert in such statutes a pro-
viso or a section exempting farmers or
other classes from the operation OF the
statute, so as to enable the exempt
classes to corner products and raise
prices. while no other class in the COM
munity can do so.
Termed Class Legislation.
''The Supreme Court OF the United
States has held that such law gives
an undue privilege to a particular class
in the community, creates an unjust ex-
emption under the operation OF a useful
law. denies the equal protection OF the
laws. violates the Constitution and is
invalid
Again, the Federal antitrust law has
been held by the Supreme Court to de-
nounce combinations to obstruct or
restrain interstate trade. and TO prohibit,
therefore. illegal bOyCOtts to injure the
interstate trade Of any person. At the
last session Of Congress, in an appro-
priation bill. some $4,000 was appro-
priated for the enforcement Of the anti
trust law. To this appropriation an
amendment was proposed providing that
no part Of the 100000 should be used
in the prosecution of workingmen en-
gagged in a boycott IN violation Of the
statute. That is not the way the amend
ment read, but that was it's necessary
effect.
"A majority OF the House, after
heated discussion, rejected the amend
ment on the ground that It was vicious
class legislation. AS a matter Of fact
the money thus previously appropriated
TO enforce the antitrust law had never
been used for the prosecution of working
men engaged in such a boycott, because
there was no occasion for such use. and
in all probability the money now ap-
propriated will never be used for such
a purpose.
But it was the proper view OF the
majority. who voted against the amend
ment, that such a class exemption or
privilege should not be declared and ap-
proved in a statute OF the government. I
have not the slightest expectation that
the money will ever be used for any
thing but the prosecution Of corporations
and business firms engaged in combina-
tions IN restraint OF trade; but to stay the
hands of the Executive against an unlaw-
full combination of workingmen or Of any
other men, If such a combination ex-
isted, and thus make any group a priv
ileged class Of law breakers. is neither
justice. nor wisdom, nor good statesman
ship
Answers His Accuseru.
But it is said that I am not con-
sistent because 1 proposed to the last
Congress that interstate railroad com
panies be permitted to make temporary
agreements lasting for thirty days and
fixing uniform rates for traffic between
the same places and to this extent be
exempted from the operation OF the anti
trust law.
1t was said with great plausibnity. You
are opposed TO exempting workingmen
from the operation OF such a law. but
you favor the exemption Of railroad COM
panies.' The answer is that interstate
railroads are restricted much more close
ly and are under much more minute OBJ
servation by the provisions Of the inter-
state commerce law than they can Dos