The Birmingham age-herald., 1911-11-16
HENRY OF TEXAS HAS
 AN AMENDMENT ID . TIE SHERMAN LAW
Advocates FeIon's Stripes as Punishment for Trust
 Criminals
HENRY CONFERS WITH
 HENRY D. CLAYTON
Will Eliminate Unwarranted Altera- tions Read Into the Law By the Supreme Court-Defines
 What Trust Is

What IruSt IS
 Washington, November 15.-'Felons stripes as d punishment for trust crim- ina1s in the United States to end com mereiaI piracy under benevolent rules of reasonableness" is proposed in bill amending tho sherman antitrust law drafted by Representative Henry ot Texas to be introduced in the House at the opening of Congress in pecemher It's Introduction will probably mean it's passage In the House.
 The bill defines just what constitutes trust, legislates from the 4present statute the rule of .reasonableness" SIS interpreted in the supreme court de- cision of the Standard oil. and provides as punishment for viol@tinn of the law Imprisonment from two te ten years It will be referred to the jn lciary com mittee for dellberation.
 Representative Henry. who has been conferring with Representative Clay ion of Alabama. chairman of the ju- dietary committee, and other democratic leaders who were prominent in the Den yer democratic national convention, completed the draft of the proposed changes in the much discussed statute today.
 Explains Bill
 In explaining his bill, Representative Henry declared that actual imprison- ment of great industrial offenders was essential to cure for the trust evil and that law to be rigid must or necessity define a trust to leave no room for controversy.
 My bill" said MT Henry, "nullifies l the alterations written into the sher- man antitrust act by the unwarranted and purely legislative decision of the supreme court in the Standard Oil and tobacco trust cases of this year. That is. the bill legislates the rule of reason- ableness' out of the law and defines specifically what trust Is, so that thefe can be no room for controversy It makes tie violation of this law a felony with Imprisonment for not less than two years and more than ten years Fines and dissolution seem to be child's play for the trust magnates. Felons stripes where the violation IS knowingly more wilfully done will prove potential remedy for these fla grant acts of commercial outlaws The Chinese antitrust law provides; Those who interrupt commerce are to be be- headed To hehead such offenders In our country would be entirely too ex- treme but to compromise with a pen itentiary sentence of short terms ana felon's stripes is mild enough and should be administered to trust erim- inals in the United States
 Continuing, he says:
 l My bill justly eXempts members Of or gsni2ations or associations not for profit, and without capital stock and also ag- ricultural products or live stock in the hands of the producer or raiser. The first exemption as to labor was intended in the original legislation, and the sec ond as to agricultural products and live stock is found in some state laws | ''rhese exemptions are right and should be made"
 The proposed bill amends the first three sections of the sherman act, lea ing as they are sections to inelusively and adding two new sections. Section 1 is amended to define specifically a trust, and | reads:
 Trust Defined
 "Every contract, combination in the form of trust or otherwise or conspiracy | in restraint of trade or otherwise com merce among the several states or with 1 foreign nations. is hereby declared to be | illegal And that a trust Is contract | of conspirators against trade and com | merce entered into by two or more per- sons, firms, corporations, officers or as- socIations for any or all of the following purposes;
 '1 To create or carry out restrictions in trade commerce, or aids to com meree or to create or carry out restre- tions in the full and free pursuit of any business authorized or permitted by the laws of the United States of America. | 70 To increase or reduce the price of merchandise. produce or commodities.
 % To prevent competition in manu- facture making transportation, sale or | purchase of merchandise. produce or com- modties, or to prevent competition in aids to commerce.
 "4. To fix at any standard or figure 1 whereby it's price to the public shall be in any manner controlled or established any article or commodity of merchandise pro- duce or commerce for sale or use of con- | sumption in the United States of America. 1 ''5. To make or enter into or otherwise execute or carry out any contract. ohi- gation agreement of any kind or de- scripton by which they shall bind or have bound themselves not to sell dis pose of transport any article or com modity or article of trade use. merchant disc commerce or consumption below common standard figure, or by which they shall agree in any manner to keep the price CT SHcn dllltle, tOlllil1oultN Or transportation at fixed or graded figure. or by which they shall in any manner establish or fix the price of any article or commondty or transportation between themselves or others to preclude free ana unrestricted competition among them 1 selves or others in the sale trans | portation of any such article or com modity or by which they shall agree to Ipcol combine or unite any interest they may have in connection with the sale or transportation of any such article or com modity that It's price might In any way | be affected
 "Evefy person who shall make any such contract or agreement or knowingly en- ter into or execute such conspiracy or combination shall be deemed guilty of a felony and on conviction thereof shall be imprisoned in the penitentiary for term not less than two years nor more than 10 years"
 Penitentiary Punishment
 Sections two and three of the Sherman act providing against monopoization M res traiat of trade within the United States, or with foreign nations are amended to include the penitentiary pun ishment for violation instead of the pres ent provisions for a fine of 5000 600 or