New-York tribune., 1911-12-30
EARLE'S ANTITRUST BILL
Re-enacts Sherman Law with
Four Additions.
BARS "RULE OF REASON
Restraint Of Trade, Unlawful
Combinations and Intent of
Congress Defined.
I By Telegraph 10 The Tribune.

Philadelphia, Dec. 29.-The bill prepared
by George IL. Earle, jr.. at the invitation
of the United States Senate Committee on
Interstate Commerce for tho control OF
trusts, the abolition of monopolies and the
regulation of interstate trade, was given TO
THE Philadelphia Press tonight by
Senator Moses L. Clapn, of Minnesota
chairman of that committee
The bill re-enacts every word OF the Shcr-
man antitrust law, with these additions;
An injured party may collect damages,
which may be mea sured Jy the prom
heaped Of The trust during the period or it5
offending. Such measure OF damages shaIl
be Tipled Ia the award made DS tnc coIl !
TO the plaintiff This is in addition to INC
imprisonment for one year and the nnc of
5000 lor cacn offence dS provided by the
Sherman law.
Second-ActiOns under the Earle bill may
bc instituted IN jurisdictions where me ol ,
fence is committed. instead Of being limited
to the home of the defendant trust, as AT
present
Third-P1eambles asserting the surrcm-
acy of Congress over the Supreme Court
through its power of impeachment, and re-
citing tue need created for n new anti
trusl declaration hv the supreme court
action in asserting the rule OF reason.
Fourth-A glossary defining the meaning
O. Congress in using the words of the act.
with the intent that the hands of the SUI
prenne Court may he tied and that tribunal
prevented from altering the law.
The only new feature in the first section
Is this clearing up of phraseolosy
II being now declared 10 accord with said
policy TO keep such trade free from all OF
Struction, or dangerous probability OF OBJ
struction, whether il he physical or eco
nonric' dcuorninaied "rcasona ole" or "un-
reasonable" due Or undue, dir"'t
" indirect
In Section these explanations arc made;
The expressions trade" and commerce,
unless otherwise determined by the con-
text shall relate 80 trade and coU'nerc"
among the states and "ith foreign liatloils.
The EXPRESSION "combins ton in the form
of trust or otherwise IN restraint ~ trade
or commerce" Is used 30 cover, include All"
mean combinations of two or more person
10 DO or accomplish any of the things %
clared 10 be in contraventon OF the pupn-
policy Of the United states, as IN this act
decle red, or 20 in anywise accomplish any
purpose that will restrain. or tend 10 lS,,
strain. trade or commerce, and which would
not have been criminal but for the pro.
visions Of this set, though unenforceabie az
common law: and no such combination is
! to be deemed reasonable, due or IAN
| iul.
The expression conspiracy in restraint
of trade among the states or with foreign
nations Is used to cover, include and
mean all combinations that actually 90 or
naturally tend to restrain trade or com
nnr,e where there IL either means or end
that would make such conspiracy action
giving 70 a party. injured or criminal at
common law. And no such conspiracy Is
deemed to he reasonable or due OF
lawful.
The expression contracts in restraint oi
trada or commerce among the states OF
with foreign nations is used TO include
cover and mean voluntary contractua
contracts whereby one or more agree vol
unfairly 10 limit his OF their right and lree-
dom to engage in such trade or commerce
Such contracts are declared to be prima
facie unlawful but TO become lawful only
lupon IL being established that they do no;
actually and naturally tend to restrain suci
trade or commerce, really tending to aid
and benefit It, without injuring the public
and with 10 purpose OF DANGEROUS probabii-
ity or tendency of injuring 1t by creatlnG
the power OF or establishing monopUlies
and fixing trade prices by unified tactics
in rela ton thereto
Senator Townsend of Michigan, has indi-
Gated his intention of introducing the bill.