The citizen. (Frederick City, Md.) 1895-1923, 1911-09-08

we have practically been relegated to
our status under the old common law.
The decision of the highest court read
| into the statute the word 'unduly,
which simply said that Congress intended
to prohibit only such restraint of trade
as undue" which made it necessary in
every case which arose under the Sher-
man law, whether civil or criminal, for
the government to prove that the re-
straint of trade or the conspiracy to
refrain. was an undue and an unreason-
able restraint Of trade. Suffice it is to
say that this raises an issue which 1t
would be practically Impossible to prove
IN any given case and the guilty parties
would then escape.
Last week at the meeting OF the Amer
| lean Bar Association, held in Boston,
Mass, William B. Hornblower, of New
York, made an address in which he dis
cussed the Sherman Law. Mr.. Horn
blower is a great lawyer and he is also
corporation lawyer of the highest
standard.
He admitted in that address that the
Supreme Court had virtually read into
the statute the word 'unduy," and de-
tended the decisions, because the law
was bad one and would ruin business.
He further said that corporation was
civilization, that corporation meant COM
bination, and combination meant restraint
of trade. Which is absolutely and
clearly incorrect.
All combinations in restraint OF trade
is not civilization, but it is distinctly
anti-clvilization and unjust by the laws OF
both God and man
There is no law or rule of civilization
which does not condemn all acts in re-
Straint of trade, because all acts and
devices to restrain trade are and must
be, unjust dishonest and oppressive to
all of the people OF course, to the linn
tied few, who benefit by the conspiracies
but profitable, but to all others it is
grossly unjust and oppressive, and both
civilization and justice are thwarted by
any and all acts in restraint of trade.
A Judge in New York sent a lot of men
to the penitentary few weeks ago, who
were guilty of restraining the poultry
trade in New York, and he was clearly
and Enthusiastically right
He did not stop to consider whether
the restraint was reasonable or unreas
enable, whether the restraint was duly
or unduly, and the Sherman Antitrust
All acts and combinations in restraint Of
trade are unjust and illegal and must be
SO declared if this country is to prosper
and the people are to be protected
1t is the duty of Congress at its
next session to pass bill re-enactine
the Sherman Law, with simple amend
ment, striking out the word trade, and
inserting in its place the word ''compe
tltion, because the word trade. is moi
certain, but the word competition is
clear and certain and about its meaning
no question can arise. 1t was the wore
which was in the original draft OF the
Sherman Law which was stricken out
probably by some one in the interest.
of the trusts.
Congress can also at the same time
enact law that the construction given
to the act by the court was never intend
ed or meant, and that the words of the
statute do not indicate any such inten
ton. and that such construction wa,
judicial legislation.
This would be long step in the di
reetion of preventing in the future the
tendency to judicial legislation by The
courts, which is most dangerous ten
dency. They should also say that Con
gress means exactly what it says, nothing
more and nothing less, and that it mean.
to make all acts in restraint of trade
illegal and criminal with such drastic
punishment as will put an end to the
robbery and oppression Of the people
such as the world has never seen in all
its history, and which would not be toll.
Grated by any other civilized people.