The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-16
Drastic Punishment is
Proposed for Trust
Criminals. {"
BILL DRAFTED BY
HENRY, OF TEXAS
He Proposes That Congress
Shall Legislate Out of Sherman
Law Supreme Courts Rule
of Reason" and Make 1t
Dangerous to Restrain
Trade.

Washington. d. c.. November ID
"Fclon's stripes" as u punishment for
trust criminals" in the United states
to end Commercial piracy under be-
nevolent rules OF reason" are proposed
In II bill amending the Sherman anti
trust law. drafted by Representative
Henry. Of Texas, TO be introduced In
the House upon the opening Of Con-
grcss next month Its introduction
probably Will mean its passage in tho
House.
Tie bill specifically defines just
what constitutes trust, legislates
from the present statute the rule of
reason as Interpreted by the Supreme
Court IN the Standard Oil and To-
bacco cases, and provides as punish
ment for violation of the law impris-
cninent from two to ten years in the
penitentiary. 1t will be referred to
the judiciary Committee.
REPRESENTATIVE Henry who has been
comforting with Representative Clay
ton. chairman of the committee. and
other Democratic leaders. completed
the draft Of the proposed changes in
the much discussed statute to-day.
In explaining his bill, Representa-
tive Henry declared that actual i'm
prisonment of great industrial Offend
ers was essential to q cure for the
trust evil. and that law TO be rigid
must of necessity define trust 10
leave no room for controversy.
No More "RuIc of Reuson."
My bill" said Mr.. Henry. "nullifies
the alterations which were not in the
Sherman antitrust law until the deci-
sion in the Standard Oil and Tobacco
cases OF last spring. That Is. the bill
leg fGla h,s sr,tt nf
the Law. and it defines specifically
what trust is. SO that there can be
no room for controversy. 1t makes
the violation of this law felony with
imprisonment for not LEO than two
years nor more than ten years.
Fines and dissolutions seem to be
childs play for the trust magnates
Felon's stripes. where the violation is
knowingly or wilfully done. will prove
a potential remedy for those fragrant
acts commercial outlaws. The Chi
nese antitrust law provided: Those
who interrupt commerce are to be be-
headed To behead such offenders in
our country would be entirely too ex-
treme. but to compromise with "A pen
itentiary sentence and felcn's
stripes as punishment is mild and
should be administered to trust Grim
inals in the United States. NV bill
tons or associations not for profit
and without capital stock, and also ac-
ricultural products or live stock in
the hands of the producers or raiser
The first exemption as to labor was
intended in the original change and
the second as to agricultural products
and live stock is found in some state
laws. These exemptions are right and
should be made"
Trust Defined.
The proposed bill amends the first
three sections of the Sherman act
leaving as they are sections four and
seven inclusive, and adding two new
sections. Section one Is amended to de-
fine specifically Il trust and reads as
follows:
Every contract combination in the
form of a trust or otherwise. or con-
spiracy. in restraint of trade or com
merce among the several States, or
with foreign nations. is hereby de-
clared to be Illegal; and that trust
is a contract or conspiracy or agree
ment of whatever character, by COM
bination against trade or commerce.
or aids to commerce. of capital SKILL
or acts by two or more persons. firms,
corporations. officers of corporations
or associations OF persons, or either
two or more of them. for either any.
or all Of the following purposes:
First, 10 create or carry out re-
strictions in trade or commerce or
aids to commerce. or to create or carry
out restrictions in the fun and free
and full pursuit of any business au-
thor'zed or permitted by the laws
of the United States of America.
Second. to increase or reduce the
price of merchandise. produce or COM
modities.
Third. to prevent competition in
manufacture, making. transportation.
sale or purchase of merchandise. pro-
duce, or commodities or to prevent
competition in aids to commerce.
Fourth. to fix at any standard or
figure whereby it's price to the public
shall be in any manner controlled Or
established any article or commodity
of merchandise. produce or commerce
Intended for sale, use or consumption
In the United States of America
Combinations Forbidden.
Fifth, to make. or enter into. or
execute. or carry out any contract.
obligation or agreement of any kind
or description by which they shall bind
or have bound themselves not to sell,
dispose OF, or transport any article
or commodity. or article of trade, use,
merchandise, commerce or consumption
below common standard figure, or by
which they shall agree in any manner
to keep the price of such article, COM
modify or transportation at fixed
or graded figure. or by VIII CHI they
shall in any manner establish or set
tie the price of any article. or COM
modify. or transportation between
them or themselves and others to pre-
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