Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-11-16
Representative Henry of Texas
Drafts Bill Providing Drastic
Punishment For What He
Terms Commercial Pirates,
EXPRESS PENAL CLAUSE
CONTAINED IN MEASURE
Sentence of From Two to Ten
Years in Penitentiary Pro-
posed; Would Revise Exist
ing Sherman Law,

IBy Morning journal Special Leased Wire !
Washington, Nov. Is. - "Felon $
| stripes" as a punishment for trust
| criminals" in the United States. TO
! end commercial piracy under bene-
| VIOLENT rules of reason are proposed
| in bill amending the sherman anti
| trust law drafted by Representative
! Henry of Texas, to be introduced In
the house upon the opening of con-
gress next month. Its Introduction
probably win mean its passage In the
| house.
The bill specifically defines what
constitutes trust, legislates from
| the present statute the rule of reas-
| on, as interpreted by the supreme
court In the Standard OH and Tobacco
| decisions, and provides as punish
ment for violation OF the law Inn
| prisonment from two to ten years In
| the penitentiary. 1t will be referred
to the judiciary committee for de-
| liberation.
MY bill" said Mr.. Henry, "nulli-
| flies the alterations written into the
| Sherman antitrust act by the unwar-
| ranted and purely legislative decision
of the supreme court in the STANDARD
! Oil and Tobacco trust cases of last
the rule of reason out OF the law and
II defines specifically what trust is
SO that there can be no room for com
troversy
Fines and dissolutions seem to be
child's play for the trust magnates.
Felons stripes. where the violation Is
knowingly or willfully done, will
prove potential remedy for these
...safu1 mt iaitpu
The Chinese antitrust law provides.
Those who interrupt commerce are
TO be beheaded To behead such or
tenders in our country would be
entirely too extreme, but to compro-
mise with a pententiary sentence and
felon's stripes as "A punishment Is
mild and should be administered 10
trust criminals in the United States.
MY bill Justly exempts members
of organizations not for profit ana
without capital stock and also agrl-
cultural producers and live stock In
the hands of the producers or raisers.
The first exemption as to labor was
intended in the original legislation
and the second as to agricultural pro-
ducts and live stock Is found In
some state laws. These exemptions
are right and should be made"
The proposed bill amends the first
three sections of the sherman act,
leaving as they are sections four to
eight inclusive and adding two new
sections. Section one Is amended to
define specifically "A trust and reads
as follows.
Every contract, combination In
the form OF trust or otherwise, or
conspiracy in restraint of trade or
commerce among the several states
or with foreign nations, Is hereby de-
clared to be Illegal. And that trust
Is a contract, or conspiracy or agree
ment of whatever character, by COM
bination against trade or commerce,
or aids to commerce, of capital, skill
or acts by two or more persons, firms,
corporations, officers of corporations,
or associations of persons or either
two or more of them for either, any
or all of the following purposes
First, to create or carry out re-
strictions in trade or commerce or
aids TO commerce. or to create or car
ry out restrictions In the full ana
free pursuit of any business organiz-
ed or permitted by the United States
of America.
Second, to increase or reduce
the price of merchandise, produce or
commodities, or to prevent compeu-
tion in aid to commerce.
Fourth. to fix at any standard
or figure whereby its price TO the
public shall be in any manner con-
trolled or established, any article or
commodity of merchandise, produce
or commerce. intended for sale, use
or consumption in the United States
of America.
Fifth to make or enter into or
execute or carry out any contract OBJ
legation, or agreement of any KIND or
description, by which they shall bind
or have bound themselves not to sell,
dispose Of or transport any article or
commodity or article OF trade, use,
merchandise commerce. or consump-
tion below a common standard figure,
or by which they shall agree In any
manner to keep the price OF such ar
ticle. commodity or transportation at
a fixed or graded figure or by which
thev shall In any manner establish or
settle the price OF any article, COM
modify or transportation between
them or themselves and others, to
preclude free and unrestricted com
petitlon among themselves or others
in the sale or transportation OF any
such article or commodity, or by
which they shall agree to pool, COM
blne or unite any interest they may
have In connection with the sale or
transportation of any such article or
commodity that Its price might IN any
manner be effected Every person
who shall make any such contract or
agreement, or knowingly enter into
or execute such conspiracy or combl-
nation, shall be deemed guilty Of a
felony and on conviction thereon
shall be imprisoned In the peniten-
tiary for a term of not less than TWO
years or more than ten years
Sections two and three OF the Sher-
man act, providing against monopoli-
zation or conspiracy In restraint OF
trade within the United states or with
foreign nations are amended to In
clude the peui'entiary punishment