Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-07-24
SCHEME To MAKE
TRUSTS PROVE
INNOCENCE
Stanley Committee Has Plan to
Force Accused Combines to
Pay for Prosecution.


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9nVestlgatlng committee nave decided
10 recommend legislation placing The
burden Of proof on corporation to
show that its operations are legal. Mar
tin W. Littleton Democrat insists
however. that a corporation is entitled
to all the privileges Of an individual
under the constitution. and that ii Il
the duty Of the government to prove
the guilt Of an accused corporation. Mr..
Littleton applies the principle that
person is presumed 10 be innocent un
I'll ne shall be proven guilty
This issue is probably the most inn
portant raised before the stanley COM
mittee.
Proposed Sherman Law Amendments
Mr.. Stanley has reduced his remedy
10 writing in the following proposed
amendments to the sherman antitrust
law;
That whenever In any suit or pro
eeedlng. clVil or criminal. brought un-
DER or involving the provisions OF this
act II snail appear that any contract
combination in the form Of trust or
otherwise, or conspiracy was entered
into, existed or exists, which was or
is in any respect or to any extent in
RESTRAINT OF trade or commerce among
the several states or with foreign ma
tons, the burden Of proof to establish
the reasonableness OF such restra int
shall be upon the party who contends
that said restraint OF trade is reason
able
That whenever in any suit or pro-
ceedlng. civil or criminal, brought un-
der or involving the provisions OF this
act II shall appear that any contract
combination in the form Of trust or
otherwise, or conspiracy was entered
into, existed or exists which was or is
in any respect or to any extent in re-,
straint Of trade of commerce among the
several states or with foreign nations,
there shall at once arise rebuttal pre-
sumption that such restraint was or is
unreasonable.
Contract To Be Evidence.
That whenever in any suit or pro-
ceeding, civil or criminal brought by
or on behalf Of the government under
the provisions Of this act. a final iudg-
ment or decree shall have been rem
dered to the effect that defendant, in
violation Of the provisons Of this act,
has entered into a contract combination
in form of trust or otherwise, or CON
spiracy in restraint of trade or COM
merce among the several states or with
foreign nations, or has monopolized or
attempted to monopolize or combined
with any person or persons to monopo-
lie any part Of the trade or commerce
among the several states or with for
eign nations, the existence Of such He
gal contract, combination or conspira-
cy in restraint of trade or of such at
tempt or conspiracy to monopolize.
shall to the full extent to which the
facts and issues Of fact or law were
litigated. and to the full extent to which
such fact, Judgment or decree would
constitute in any other proceeding an
estoppel as between the government
and such persons constitute as against
such defendant conclusive evidence Of
the same facts and be conclusive a to
the same Issues OF law in favor Of any
other party in any other proceeding
brought under or involving the provi-
sions Of this act"
Railroads Must Prove Reasonableness
Messrs Stanley. McGmicuddy and
Bean declare they have a precedent in
the last amendment to the Interstate