The Washington herald., 1911-10-29

The first thirty-two words os the sbe--
| man law, in simplicity of nbrasaoIorv
that marks the entire statute. indicates
its purpose exactly. Every contract"
the instrument reads, Combination in
the form Of trust or otherwise or con-
spiracy in restraint of trade or commerce
among the several States, or with ForoIg,,
nations, is hereby declared to be Illegal
A person making any such contract or
engaging in any such combination or
conspiracy shall be deemed guilty Of a
misdemeanor. and on conviction thereof
shall be punished by fine not exceeding
5000. or by imprisonment not exceeding
one year, or by both said punishments
in the discretion of the court" So, too,
! is to be punished every person who shall
monOpolize, or attempt to nOnOpolize, or
combine conspire with any other per-
son or persons to monopolize any part OF
tho trade or commerce among the several
states, or with foreign nations.
Three-foId Damages Are Possible.
Moreover. any property owned by
trusts, being IN the course of trans
portation from one State to another, or
to a foreign country, shall be forfeited
to the United States. and may be seized
and condemned" Still further, any
person who shall be injured in his busi-
ness or property" by a trust may sue in
any Circuit Court Of the United States
'in which the defendant resides or is
found" and shall recover threefoId
the damages by him sustained. and the
costs of the \suit, including reasonable
attorneys fees
Lawyers in the development of their
financial and professional estates, and
as an intellectual exercise, have emit
fad Of nd
the statute, and judges have been rela-
lively as prolix as the lawyers. Presi-
dents have said that the law should be
amended; banks have echoed the opin-
ion. College professors, also. But Con-
gress has been afraid to change even
so much as a comma or a syllable. To-
day the power of the President, Of the
Attorney General, and of the Supreme
Court is being employed TO enforce the
law and re-establish competition in
business.
Oddly enough, historically. Mr.. Taft
was one Of the lawyers for the govern
ment in the first suit brought under the
Sherman law. Within ninety days af-
ter the act was passed and signed, a bill
was filed against the members OF the
Nashville Coal Exchange Dealers and
mine owners had combined to maintain
a schedule of prices. There was a writ
ten agreement. 1t was produced. The
court found for the government. Later,
as a judge. Mr.. Taft sat in two other
cases, in one of which he sent a man
to jail for contempt of court; in the
other he broke up a combina ton that
controlled the manufacture and sale of
cast iron pipe in thirty-six States and
Territories.
Previous to beginning my service in
Mr.. Taft's Cabinet" said Attorney Cen
eral WiCkersham to me on one oCCa-
sion. Il had not appeared in court for
five or six years. A telephone was at
my elbow in my New York office and a
large part of my time was spent in re-
plying to questions. In morals and by all
the recognized rules of fair trade
might tell client, you are justified in
doing the thing you have suggested, but
an act Of the New York legislature or
a statute of the United States makes it
unlawful "
pilot in big business was his real
occupation. He received a fee of 5000 =
900 for settling the traction tangle in
Chicago. Active as Theodore Roosevelt
whom he resembles somewhat, tenacious,
ready for combat either rough-and-
tumble or by the rules OF science, the
trusts have found in him a foeman
worthy of their best professional talent.
Copyright, 1911. by james B. Morrow