The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1912-01-04
COURT RESTRAINED
IN new BILL FOR
TRUST REGULATION
George II. Earle Draws Up Al
Act Stiff ening the Sher-
man Law.

man Law.
Philadelphia. Jan. 2-The bill pre-.
pared by George H. Earle, jr. or Phila-
delphia at the invitation OF the United
States Senate committee on interstate
commerce for the control o. trusts, tbs
abolition Of monopolies n the prope,|
regulation Of American trade has been
given out by United States Senator
Moses E. Clapp of Minnesota, chairman
Of hat committee. Mr.. Earle jumped
into national fame when he gave the
Senate committee his opinion Of the
trust law. He is 10Y mentioned for
secretary OF m and labor and
har been invited to dinner with the
president as q mark of esteem In which
he IL held in Washington.
The measure ~re-enacts every word oil
the present Sherman anti-trust law
makes two important additions, de-
signed to strengthen the law, serves
notice upon the United States suprem,
court In q strong preamble that con.
sress, having the power of impeach.
ment. 10 above court. and essays TO Ii,
the hands OF the supreme court by In
GLIDING In the bill a glossary Of terms
which will make Il impossible fpr the
court to read into the new measure the
words unreasonable" undue" or
others that might modify the law.
Broadens Scope for Suits.
The clauses that have been added "a
the Sherman Law by Mr.. Earle in tn.
bill proposed by him provide: That al
complaint against a trust must show
the profits made by the trust in tn,
period named ingthe complaint; that
these profits shall constitute a measur,
Of the damages suffered and that that
measure shall be tripIed In the award
made to the complainant: second, that
a trust or other offender against tn.
law may be. sued In the jurisdiction
where the ofense Is committed Instead
OF in the home jurisdiction Of the de-
PENDANT. as is the case ur"er the Sher-
man law.
Mr.. Earle further proposes In his act
to make every combination that, upon
It's face, prevents competition, a prims
facie offender against the law. He pro-
vides, however, that this presumption
nay be overthrown by proof that such
combination. though in restraint OF
competition. really advances trade.
Senate Committee Studying II.
The Earle bill is now In the hands OF
the Senate committee on interstate
commerce, and there 1t will be dis
sected and considered in every detail
for sorne time, but 1t Is practically as
sured that It will come before congress
In form very little different from that
submitted by Mr.. Earle,
Senator Townsend OF Michigan, who
Is n OF the most aggressive mem.
beers of the committee, has indicated
his intention Of introducing the bill in
the Senate. Senator Clapp, the chair
man Of the committee; Senator Oliver
Of Pennsylvania. Senator Gore of Okla
homa and other members Of the com
mittee have mentioned their intention
Of bringing 1t to the attention Of the
country.
What the Bill Provides.
The important parts of the revised
bill are:
Section .. For the purpose Of this act,
merce," unless otherwise determined by
the context. shall relate to trade and COM
merce among the states and with foreign
nations. (b) The expression "combination
In the form of trust or otherwise In re-
stra.nt of trade or commerce." is used tG
lover include, and mean combinations Of
w or more persons. to do or accomplish
any of the things declared 70 be In con
United States, as In this act declared; or
to, In any wise accomplish any purpos
that Will restrain, or tend to RESTRAIN
TRACE or commerce Grmai b snd ,0 %h tSs w WrnH;s,n mo.
Of this act, though unenforceable at com.
nor law; and no such combination is tC
be deemed reasonable" due" or 'law-
full
(c) The expression conspiracy in re.
straint of trade among the states or with
foreign nations" Is used to cover, include
and mean oil combinations that actually
do, or naturally tend to. restrain trade or
commerce, where there Is either means or
end thai would make such conspiracy &C.
ton giving to a party injured, or Grim.
inal, at common law. And no such con
spiracy Is deemed to be reasonable" OF
"due." or lawful.
(d) The expression contracts In re
straint of trade or commerce among the
states or with foreign nations is used to
include, cover and mean voluntary con
t%ractural contracts whereby n or more
agree voluntarily to limit his or their right
and freedom to engage In such trade OF
to be prima face unlawful. but to becon.
laful only upon 1t being established that
they do not actually n naturally tend
to restrain such trade or commerce; really
juring the public, and with no purpose
or dangerous probability or tendency OF
injuring II, by creating the power Of or
establishing monopolies and fixing trade
to.
May Sue in Any District.
Section 10. Any person who shall be in
jured In his business or property by any
other person or corporation by reason OF
anything forbidden or declared 10 be ur
lawful by this act, may sue therefor IN
any circuit court of the United States m
the district In which the defendant resides
or Is found, or In any district wheer the
injury for which suit is brought is al
or is found. or In any district where III,
h.cted, without respect to the amount inl
controversy, and shall recover threef0d|
the damages by him sustained and the
costs of suit, including "a. reasonable a..
torney's fec. And damages may be proved
In my legal way, including proof of prior
earnings OF the plaintiff in a business un
lawfully interfcred with, or by the earn
ings Of the defendant or defendants In the
most profitable part OF their business. not
exceeding In amount the amount of bust
ness which could and would probably
have been done but for the wrongs com
planned OF. No action, however. to bs|