The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-12-18
AMENDING THE SHERMAN ACT.

AMENDING THE SHERMAN ACT.
\ cool MANY people have spoken IN
favor of amending the antitrust law,
and there appears to be a sort of un-
easincss in regard 10 tins matter, an IN
siStcnce that legislation ought TO be
enacted that will clear up some of the
amendment is proposed 10 that law
such amendment is Immediately pounced
upon and denounced by common CON
sent. Nobody seems able TO fix on any
amendment that viii do any good, or
that. in fact. affords any reasonable
basis of clearing up any point what
over. The law, as II stands, clearly
ought to he left alone, so that the courts
Will be able TO reach at the earliest pos
siblc time definite conclusions upon the
various points raised under il. A good
deal of progress has been male already;
and anything further than the mere
suggestion of President Taft Of clear
ing up the methods OF procedure So that
speedier results may be attained is un-
desirable; would, in fact, set back the
final adiudIcalurc Jude linitely,
Senator Edmunds has recently put
forward a Thorough discussion of this
whole question. in which he takes pre-
cisely the view that The Tribune has
expressed from time to time, VIZ, that
tho law should be let alone until the
courts have had an opportunity to pass
upon its various provisions, and then,
ii anything is found defective or neces-
Sary Of correction. the defects can be
better supplied than would be possible
at this time: for. we do not know now
what the courts may find in their event
ful Interpretation Of the law, and 10
not know what would be helpful IN
reaching it. IL is undoubtedly the part
Of wisdom 10 wait, and sec what is nee
essarv. if, indeed, it be found that any
thing at all should be done.
Senator l.dmunis in his article, gives
fun discussion Of the origin and franz
ING Of the antitrust law, of the discus.
sions il called forth in the Senate, OF
Of the final passage Of the law in almost
tho identical form in which il was re-
ported by the Senate Judiciary Com
mittee. committee so eminent, so DIS
tinguished for knowledge and ability,
that its like has not been seen since,
if. indeed. lis like was ever seen be-
fore in the history Of this country.
Senator Edmmds puts forth very clear
ly as the view of the judiciary commit
tee that the law was meant to lay
down general provisions and principles
upon which the courts should decide
every case, according TO the rule that
the application and construction of
statutes should be so directed as TO be
beneficial and remedial rather than in
furious and technical He illustrates
law and the rule of the scriptures, ''fer
the letter llilleth, but the spirit giveth
life - and lie objects TO any construc
tion which would sacrifice Just. fair,
and wholesome business arrangements
for mere technical considerations. That
is TO say, he endorsed in advance in the
reporting Of this law The very con.
structive rule Of reason which ma lie
such an outcry when the Supreme Court
announced IT. The Senator holds that
thus far. in the application Of the law,
the L. 5. Supreme Court has well full
filed the intent of the Judiciary com
mittec in it's framing; and as to the
point Of amendments TO make the law
clear Mr.. Edmunds ignores that mat
ter altogether He says that the unani.
nous opinion OF the judiciary commit
Zee was, that sit was quite lmpractic-
able TO include by specific definition
such words as trust, restraint, or
monopoles' and that "these were
truly matters for judicial considera"
ton Then he comes 10 the point of
the disturbance Of business through the
construction of this statute. On this
point he concludes in these concise and
significant words;
Wen: If the business interests" of The
great and widespread combinations. as
now carried on. are crushing out smaller
enterprises and monVpolizIng industries
thdt should be fairly and equally opCn
To all. and controlling and enhancing The
prices OF almost everything needed I'm
every household, and must suffer from
the enforcement OF equal laws necessary
to the welfare Of the Whole people. II
and must bc borne, and every honest
and talr enterprise Will survive FOR the
good Of all