New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-07-22
STANLEY CLASHES WITH
uTTLETON OVER STEEL
Differ Over Proposed Amend,
ment Dealing with Re.
Straint of Trade.
FIGHT COMES UP TODAY
New York Congressman May
Decline to Sign Report
Controversy Over "Rea.
sonableness."
tFrom The Tribune Bureau.l

tfrom Ths Tribune Bureau.
washington. July H.-Irreconclable dif.
| ferences concerning a proposed amend
ment to the Sherman law dealing with
the "reasonableness'' OF restraint OF trade
| cropped out to-day between Chairman
Stanley and Representative Martin w.
Littleton, Democratic members OF the
House steel investigating committee, ard
| the TWO VIII go to the mat before the
full majority membership tomorrow.
II the greater number Of Democratic
members side with the chairnan-and the
indlctions are they villa unanimous ma
jority report is believed impossible. for
Mr.. Lttleton will not agree with the
chairman that the burden OF proof shall
rest ON the corporation sued for alleged
restraint of trade
The eleventh hour fight between MI.
Stanley and Mr.. Littleton is disconcert-
ing TO the majority members of the steel
committee. The major portion of the
majority report has been agreed upon
and has been printed from day to day IN
The Tribune, but there has been a clash
over this particular amendment to the
Sherman act. which the committee in
tends to embrace In It's voluminous ind
ings and recommendations.
The Stanley view IL that when a cor
poration is challenged by the govern
ment and charged with a violation Of the
antitrust law. tine burden of proof shall
be on the attacked corporation TO show
that II IS operating under its charter
rights and that there Is no unreasonable
also declare all restraint of trade un-
reasonable. wiping from the statute the
light Of reason" construed TO have been
written into the Sherman act Nv tho re-
cent decisions OF the Supreme Court.
Mr.. littIeton in5istent.
Representative Llttleton insists that
challenged corporations shall como into
court with the presumption OF innocence
and that the burden Of proof shall rest
on the government to show unreasonable
restraint OF trade. In other words, Mr..
Littleton apparently would apply 10
proceedings much the same rule which
operates in criminal cases, holding the
corporation to be innocent until the gov
eminent, by conclusive proof, shall show
guilt.
Mr. Iittleton, following fruitless at
tempts to reach an agreement with the
chairman Of the investigating committee,
"a tonight debating his individual con-
illusions and recommendations. He wiz
60 before the Democratic members OF the
steel committee tomorrow and mstch
logic, law and eloquence with Chairman
Stanley. II the majority members OF the
committee decline to accept the Litueton
recommendations" regarding anu-uuSV
legislation Il is confidently believed he
will withhold his signature from tho
D.rocra,ic report and will present res
port OF his own.
Chairman Stanley and Mr.. Littieton'
who have not infrequently disagreed oui~
ing the committee hearings ha'e
vraneled continually since the pemo-
cratic members Of the committee oegau
n whip the final draft Of the report into
shane. a week ago. Mr.. Littleton hrs'
Objected 70 the rhetoric OF the STANLEY
draft OF that section OF the report deal
ing with the Tennessee Coal ana iron
Company deal and the part played tnere-
in by Colonel Roosevelt. The New forh
member said the chairman was en'ireS
too rhetorical and extravagant IN Ms
conclusions. and in consequence tnls
chanter has been materially modinsd.
At Absolute Variance.
Nr JIttleton also successfully declared
that the majority report shall make no
reference to the governments suit for
dissolution of the United States Steel Corr
poratiou and this will not appear In the
report. On the question OF an amend
ment 10 the law 10 put the burden OF
proof on defendant corporations MI LIZ
t,eton has taken a stand at absolute Vari-
ance with that Of Chairman Stanley, ano
the decision OF the majority members OF
the committee will determine really VINO
ia I'm control OF the steel committee.
There will be no quarter asked or siver
nv the two men, whose personal rola-
lions are friendly, but who hold radically
different views on trust issues. The in,
terchanges IN the executive meetings OF
the committee between Mr.. Stanley and
Mr., Ldttleton have been OF the warmes'
character.
The interstate commerce act places or
railroads the burden of proof that theiI
rates are reasonable. Chairman Stanley
purposes 10 ask Congress TO incorporate
this principle in the antitrust statutes
transferring to the shoulders OF all chal'
lenged corporations the burden Of proof
and wiping out all presumption OF theii
innocence which might attach to "rea.
sonable" restraint.
Mr.. Littleton says II is up to the gov.
eminent to show unreasonable restraint
and the prospects for a unanimous ma.
jority report from the Stanley committee
are not bright tonight.