New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-27
CREDIT FOR THE SHERMAN LAW
Senator Sherman Was Its Founder
and Chief Promoter.
tn the Editor OF The Tribune

TO the EDITOR or Inc
Sir; I write you to point out to Wha'
extent tho ideas OF Senator Sherman as
expressed by him In HIS two forms or inc
unenacted Sherman bill. were expressed IN
the enacted Sherman law. which was writ
ten by Senators Edmunds. Evarts, George
Hoar and ingalls,.
The prohibltory parts OF the Sherman law
are the first sentence OF Section /, the hrst
clause OF Section and the first sentence
Of Section g. The prohibltory parts OF the
Sherman bill were all in Section l. OF us
two forms, respectively. These two sets
OF prohlbitory parts are alike. in that they
aim TO prevent extortion OF high prices TOT
commodities, or for transportation. But
they are very different, In respect OF tho
prohibitions, by which they purport to ac-
complsh that result. Sections ], ana OF
the Sherman law are much less severe ana
much more scientific IN this respect than
ere the corresponding parts OF tho two
forms Of the Sherman bill.
The punitive parts Of the Sherman law
are the second and last sentences or Sec
ton T. the second and last clause Of Sec
ton 2 and the second and last sentence OF
Section 3. Those parts provide punishment
by a fine not exceeding 5000. or imprison-
ment not exceeding one year, or both said
punishments The punitive parts Of the
sherman bill were I'm the first sentence OF
lts Section 3. Those parts provided punish
nent by fine of not moro than SlV'VV0' OF
imprisonment OF not more than I'VE years.
or both those punishments.
The iujunctive parts Of the Sherman law
are all three sentences of its Section A. those
parts were rewritten by Senator George
from the corresponding parts Of the two
forms OF the Sherman bill, which were the
last sentence OF Section 3, of It's first FORM
and the last two sentences OF Section !. OF
its second form. The George section d.
fers from the Sherman provisions only IN
combining prosecutions 10 tho supreme con-
troll Of the Attorney General Of the United
States, instead Of making his power only
concurrent with the powers OF the local
District Attorneys OF the United States, and
also in giving moro detailed directions TOT
injunctive proceedings.
The forfeiture parts Of the Sherman law
are the whole Of Section s. There was no
such part in either form Of the Sherman
bill That idsa was originated and was for
muated by Senator Edmunds But unfortu-
nately only one attempt was ever made to
enforce II, and that attempt failed, because
Il was made either in bad faith or with
utter incompetence.
Tho private damages" part OF the Sher-
man law is the whole OF its Section Z. That
section was rewritten by Senator Hoar
from Section OF each of the two forms
of the Sherman bill The only important
difference between the Sherman provisions
and the Hoar provisions resides in the fact
that tho Sherman plan was 70 give the IN
jurcd party twice the amount OF damages
sustained. and the costs OF the suit, togeth-
err with reasonable attorneys fee" where
as the Tfoar provision is to give the in
jured party "threefold the damages by him
sustained. and the costs Of suit, including
a reasonable attorneys fee
The only contribution Of Senator Evarts
to the Sherman law consisted In the seven
words ''n the form Of trust or otherwise
in Section I. But that idea was expressed
by several words, including the word
trusts" In Section /, Of each OF the forms
OF the Sherman bill.
The only contribution OF Senator ingalls,
10 the Sherman law consisted IN writing It's
Section s. But all the ideas expressed in
that section were expressed or Implied in
each OF the two forms of the Sherman bill.
Section of the Sherman law was orig
mated and formulated by Senator Ed
munds TO give each Circuit Court turtsdic-
ton Of some parties resident outside Of the
ordinary territorial Jurisdiction Of that par
ticular court. Neither form Of the Sherman
bill contained that important provision.
It is certain that Senator Sherman was
the founder and chief promoter Of the Sher-
man law. And II is also certain that Senator
Edmunds was its architect and chief formu-
lator. And It is likewise certain that what
Sherman founded and what Edmunds built
was unanimously approved by Senators
Hoar Evarts, ingalls,, Wilson, OF Iowa;
Coke. Vest George and Push, the members
OF the Senate judiciary Committee OF the
5lst Congress, and by every other member
Of that Congress, except one obscure Sen
ator from New Jersey.
ALBERT II. WALKER.
New York. Sept. 26. 1911.