The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-12-13

r.
paper, brought out OF its hiding a few
thoughts that | put upon paper on
the day Of the convening OF the
American Congress and for your
valuable. paper IL you cared to use
them. There is a desire from some
quarters to amend the Sherman law,
and a word might do no harm from
one Of the common people, what they
thing about its amendment Let the
people think for themselves there
fore quote as much of that law as
VIII be necessary TO their understands
ing to pass judgment upon It.
Sec. /. Every contract combina-
tlon in the form Of trust or other
wise, or conspiracy. IN RESTRAINT
OF TRADE or COMMERCE.. among
the several states or with foreign ma
tlons Is hereby declared to be H.
LEGAL"
Every person who shall make any
such contract or conspiracy shall be
deemed guilty of misdemeanor (should
be felony) and on conviction there
of shall be punished by fine not ex-
ceeding five thousand dollars. or by
imprisonment not exceeding one year.
or both of said punishments in dis
cretion of the court. (Should Re no
fine but Imprisonment from 3 to
years in discretion Of the court)
Sec. 2. Every person who shall
monOpolize or attempt to monopoliza
or conspire with any person or per-
sons to monopolize any part of the
trade or commerce among the several
States or with foreign nations. shall
be deemed guilty of misdemeanor, on
conviction thereof. shall be punished
by fine not exceeding five thousand
dollars, or by Imprisonment not ex-
ceeding one year or by both said pun.
ishments in discretion of the court
(Should be only Imprisonment for 3
10 years)
Sec 3. Every contract, combina-
tion in form OF trust or otherwise or
conspiracy, in restraint of trade or
commerce between any such terri
tory and another or between any such
territory or territories and any state
or States, the District of Columbia,
and any State or foreign nations, is
hereby declared TO DE illegal"
Every person who shall make any
such contract, or engage in any such
combination or conspiracy shall be
deemed guilty of misdemeanor
OFELONY) and upon conviction
thereof shall be punished by fine not
exceeding five thousand dollars or by
Imprisonment not exceeding one year
or by both said punshments in the
discretion Of the court" (Should cut
out fine. make penalty FELONY and
IMPRISONMENT to I years.)
What does this law mean? The |
word EVERY" means ALL. Thus
every contract means EVERY |
ONE" and every one is ALL Espe- !
cially in law Is this true, and for
dead certainty in criminal law It |
must be CERTAIN or the life. Bb- |
erty and protection thereof. Of the |
person. would be in jeopardy. And |
what this law plainly says about every /
CONTRACT" It says and means
about Every" Coordination" and
Conspiracy" And II means what It |
says-"all contracts. combinations
and eonspiraeies." Thus we see that
whether 1t be a contract, a combina-
tion or a conspiracy, II is illegal, and
criminal when 'in restraint of trade" |
IL is made a CRIME by law. Such |
n contract. such combination. as |
well as such a conspiracy is prac-
fIcally defined by law TO be "con- |
spiracy." And this is certain enough. |
This is definition sufficient to put all |
good as well as bad people and trusts
on their guard as to what is viola
ton of the "ANTI-TRUST SHER-
MAN LAW" Yes all know too well
NOW what IL is. The law Is too
definite. too plain, NOW. 10 them, and |
this is why they want II AMENDED. |
II should be amended i'm the partlcu- |
lars only, as above pointed out that |
is in the penalty. The law Is too |
CERTAIN for the VIOLATING class |
IL has steel teeth, and iron jaws and |
machine certainty and they know
there is no possible escape from its
clamp.
The only question is: Is this con-
tract, this combination, this consplr.
acy before the court, in restraint OF
trade? II the remedy by law was to
be a CIVIL remedy for tort, and a
money consideration In damages, the
only consideration, then there Is no
doubt I'm my mind but what the hold
ing OF the United States Supreme
Court. that the restraint must be a
r'reasonable" restraint But when
the ldW - u CRIMINAL ana not
CIVIL LAW. the remedy for its vio-
lation must be a criminal remedy
and the penalty must be imprison-
ment, and the construction Of the
law as well as the law itself must
follow The dead certainty of the mean
ing OF the legislature or Congress, in
order that no one shall go unpun-
ished for uncertainty. or be pun he'd
for uncertainty Of the law, and herce
our courts should be careful to cor
strue the laws of America according
TO the meaning of the English Ian
guage as II Is In the statutes today,
and according TO its meaning as
known and taken by the highest
grammarian authorities OF our edu-
cational text books and educators.
And where Is there a grammarian, a