The Bridgeport evening farmer., 1911-10-19
It Should be Drawn so That Lawyers at Least May
 Understand it
Its Interpretation Has Already Cost More Than Two Mil
 lions of Dollars

DooilCSo ny iCSlSIdllt0 dIQ JQulCldI action, Governor Simeon E. Baldwin, of Connecticut, addressing the State Business Mems association this after noon, criticised the Sherman Anti, Trust" act. He said he was glad to see that the steel trust, when threat ened with prosecution under the Sher- man act, declared that they should plead not guilty and fight it out. The law gave too much power to the Pres- ident of the United States, he hinted
 "A statute ought to be so plain that lawyer. at least, can tell what it means" said Governor Baldwin. ''The Sherman Act is not of that kind. I presume that it has already cost over $2,0000O0 to find out from the courts just what it forbids.
 "It gives a tremendous power to the President. He can direct a prOsecu- tion and he can prohibit a prosecu- tion. He can do both, one after the other. A few years ago, the Presi- dent directed a prosecution against ford railroad company under the Sherman act.< It shook public confi- dence in the management of the cons pany a good deal, after few months he had the suit withdrawn. What good did all this do? Or, rather, what harm?''
 Governor Baldwin said in full part:
 "It is the office of this association to watch over the business of Connec- ticut. That has been for the last year Or two, in an unsettled state. It all hinges on the conditions controll- ing our manufacturing industries. To carry them on successfully, two sets of people have got to cooperate in a. friendly spirit; the set that build the factory and keep it going, and the men whom they employ to do the hand work. Very often the first. set is the larger one. A manufacturing company that employs 20 hands may have 40 shareholders. Often the same man be- longs to both sets. He works in the shop, but has laid Up enough to buy some of the company's shares and draws both wages and dividends from the common fund out of which both must come. I say must come,-for down, and no factory will be kept running long, if there is no hope of earning dividends.
 '.But these two sets of people have not got the business of any factory entirely in their own hands. There observed by both, that the general common law of the land lays down.
 These they generally find no trou- ble in obeying.
 There is. however, another kind of law that does not always work so St1OOCnlys Y IS li1E laW lHdI 1UL6AESS makes Or our own legislature at Hartford makes. We call it statute law.
 Tt is very hard to make a statute that works smoothly in actual prac- tice. The general, common law is made by the people as they go along. It grow up as the custom of the bus- mess world It is generally fair and equal, Or 1t would not have grown up. A statute often proves to work very unequally and very badly. It brings results often that nobody anti cipated.
 '"The Sherman act has brought about results that nobody anticipated.
 "One was the indictment of a prom inent manufacturer of TorringtOn. which might have sent him to jail, and would have, if the Judge who sentenced him had not been satisfied that he had acted according to the ad- vice of his lawyer.
 "A statute ought to be so plain that a lawyer at least can tell what it means. The Sherman Act is not Of that kind. I presume that 1t has al- ready cost over s2,eOo,ooo to find out from the courts just what it forbids. They have been slow in telling us. but within the last year they have told us that it does not forbid a rea- sonable restriction of trade or produc- tion. This is what the common law provided; but the United States, have not got any common law, and so they thought best to pass this statute.
 'sIt gives a tremendous power to the President of the United States. He can direct a prosecution, and he can prohibit a prosecution He can do both, one after the other, A few years ago the President directed a New Haven & Hartford Railroad Go. under the sherman act. It shook pulp lie confidence in the management or the company good deal. After few months he had the suit withdrawn. what good did all this do? Or rather, what harm did all this do to the com pany that is the largest taxpayer in Connecticut, and does the largest bus mess conducted in Connecticut, and has the most employees of any concern in Connecticut. and has the most stockholders of any Connecticut cor poration?
 q am told that there are thousands of men employed by the United States to collect evidence of violations of the Sherman act. They make their 1iv- ing by it, and they naturally some times report more than they can prove.
 CT was glad to see that the biggest concern in the United States, the Uni ted States Steel Company, recently, when threatened with prosecution under the Sherman act. declared that they could and should plead Not Gull ty. if they were sued, and fight it out. If they are Not Guilty, and fight it out and win, it will be the turning point in the 2oth century business conditions.
 "They have never made a secret of having done one thing, that might fairly be questioned in court-the pur- chase of the Tennessee Coal & Iron Company. But they did that above hoard They went first to President Roosevelt and kneeled down, and pray ed him to say that, if they bought it, he would not have them prosecuted, and he said in substance that he would not
 .sNow if they have really walked straight ever since, I am glad of it. It would show that the greatest aggre- gation of individual capital ever gath cred together for active use by any one hand, in human history, may be honestly and lawfully administered.
 'sWe want more manufacturing cap- ital in Connecticut It will give our people more work and better wages. I say, let us throw no unnecessary ob- staele in the way of carrying On our large concerns and bringing in more such. Let us not encourage Congress to create any more such obstacles. Let the State manage their own concerns. Let us have business peace, as the rule, and business disturbance by leg islative and judicial action, as the ex- ception. That way lies the prosperity Of Connecticut and of her business