The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1911-08-31
IS
A AN
1 TREATED
BY the United States su-
preme Court Declares
Hornbiower.
CT AMOR INJURIOUS
Penal Clauses Of the Anti
Trust Law Are Unwise
He Says,
CT AMoR INJURIOUS


BOSTON. Aug s1-A protest
against further experiments in
drastic legislation against business
interests was voiced by William B.
Hornblower. of New York, in an adj
dress on 'tAnti-Trust LEGISLATION and
Litigation" at last nights session Of
1.-THE annual meeting Of the American
Bar Association. Mr.. 9Iornblower
declared that the sherman antitrust
law failed to comply with what he
considered the requisites of proper
statute.
''This statute, :: he said, never
has been and never can be literally
and strictly applied. To SO apply it
would produce chaos in the business
world The statute must be applied
not according to It's language but ac-
'cording to its reasonable meaning
or else It becomes the instrument OF
Injustice and ruin to the mercantile
There Is point at which com-
petition becomes the death of trade.
Undue competition may lead to mo-
nopoly while reasonable regula-
ton or a reasonable agreement be-
tween the competitors may prevent
monopoly. Prohfh tion of all COM
binations ana OF an restraint Of,
trade is unwiee. Gtyilizatfon means
cooperation; cooperation means
combination; combination means re-
straint OF competition.'''
Touching the criminal aspect
of the Sherman laws Mr. Horn
blower said:
. Public opinion appears now to
be clamorlng for victims. 1T is not
satisfied with damages or injunc-
tfons or possible receEverBhips, but
punishment Of individuals is loudly
called for. Protests are even made
against mere pecuniary fines Actual
inprfsonment of the offenders is de-
manded.
.tFor myself, 4 do not hesitate to-
say that the sweeping penal pro-
visions of this law are unwise and
unjust, and should be made more
limited in their scope and much
more definite and certain. Acts Of
moral turpitude, If properly defined
i'm advance, may we'll be made crimt-
nal. Such acts OF moral turpitude
are, for instance, the use of unfair
means to suppress competition and
to crush out rivals, and agreements
with competitors to raise or to re-
strict production. To make re
straint OF trade Criminal irrespec-
tive of its character and purpose and
irrespective OF the methods pursued
to accomplish the restraint, is to
punish alike the Intentional male
factor and the honorable and up
right man who has been guilty only
OF a technical violation Of a prohib-
tory law.
'4Another suggestion has been re-
Gently exploited and has the support
Of able advocates, namely, the crea-
ton by the federal government Of
a commission or a number of COM
missions who shall have power to
regulate prices OF articles of inter
state commerce. To my mind this
is an appalling suggestion. Nothing
short of omiscence can enable such
commission to perform its work
with intelligence and with safety to
the best interests of producer and
consumer.
81 believe that the sherman law
as interpreted and enforced by the
supreme court is quite adequate, 50
Far, at least, as civil remedies are
concerned, to meet any further at,
tennpts at dangerous aggregations OF
capital"