The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-07-23
PROPOSE To AMEND
THE SHERMAN LAW
Some Additional Sections Will
Be Offered by the Stan
ley Committee.
RELIEF FOR INJURIES
Sufferers TO Collect Damages
in Federal Courts; Burden of
Proof on Defendants.
RELIEF FOR INJURIES

WASHINGTON, July 22-The Off
trust remedial legislation, as prepared
by the Stanley steel committee, was
obtained today by the International
News Service. All Of the suggestions
of the bills have heretofore been pub,
lished by the International News Ser
vice, including the fact that the Stan
ley committee recommends that in
litigation the burden of proof shall be
upon the corporation defendants.
Important features Of the bill
through the addition Of new sections,
are:
Any persons who shall be injured
in his business or property, OF shall
be threatened with such injury by rea-
son of anything forbidden or de-
clared to be unlawful by this act, may
bring suit in any circuit court in the
United States in the district where the
defendant resides OF is found to pre-
vent violations of this act ard for
otner appropriate relleIs
Allowed to Intervene.
Whenever suit has been instituted
any person who shall be injured in his
business OF threatened with such
injury by the defendants in said suit
may at any time intervene in said
suit to protect his interests, OF if the
intervenor be state, the interests OF
the citizens of such state and any per-
son interested, or any state may, af-
ter final decree, petition said court
for protection or redress in case of
any violation of said decree.
Whenever in any suit it shall ap-
pear that any combination was entered
into, existed or exists, which was, OF
is, in restraint Of trade. there shall at
once arise Il rebuttable presumption
that such restraint was or is unreason-
able if, in the business in connec-
tion with which said restraint existed
combination controlled or controls
more than 80 per cent in value Of
the total quantity sold in the United
States, or moro than 30 per cent in
value Of the total quantity sold in the
part Of the United States to which the
business of such person, corporation or
association extends, OF any article
dealt in by such person, the trade in
which is affected by such restraint
Methods of Procedure.
Several sections provide methods of
legal procedure against combinations,
permit intervening petitions by injured
parties if brought within one year
after the final decree secured by the
United States, and giving the gov
ernment authority to break down a
monopoly in any machine, tool or raw
material by securing to all the right
to use such articles On payment Of
reasonable compensation. One section
concludes:
"To partition any property owned
under any contract or by any combi'
nation or groups Of owners and if the
owners include one or moro corpora
tions, among the several stockhold'
ers thereof; if sales Of such prop
to pay debts or membranes thereon
or to recreate conditions in harmony
with the law. to sell such property
| as whole or in parcels; and the
court may forbid the said owners, and
| if the said owners include one OIL
more corporations, the stockholder:
thereof, from purchasing at such sales
| and may prescribe the conditions or
which any purchase may be made by
any person Whatsoever
Penalty Provided.
Another bill provides, under penalty
of fine and imprisonment, that NJ
person who is engaged as an individual
or as member Of a partnership, OF
as director or other officer, or ar
employee Of corporation in the bust
ness Of manufacturing or selling oi
railroad cars, locomotives, rails, struc
tural steel or mining and selling Goa
shall act as a director or other officer
or employee Of any railroad com
pany which conducts an interstate
commerce business.
The third bill makes it unlawful fol
any person, company, firm or corpora
tion engaged in mining or manufac
turing any products entering into in
terstate or foreign commerce by com
mon carriers to own. by stock owner
ship or otherwise, any railroad o
other line of transportation or tn
property of either. Holding companie
are prevented from shipping in inter
state commerce any article or com
modify in which it has an interest owe
any common carrier in which holding
company also has an interest.