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.

WASHINGTON, July IA majority
of the Democrats of the Stanley steel
Investigating committee have decided
70 recommend legislation placing the
burden of proof on a corporation to
tin w. Littleton, Democrat, insists,
however, that a corporation is entitled
~ all the privileges of an individual
under the constitution, and that it is
the duty of the government to prove
the guilt of an accused corporation. Mr..
Littleton applies the principle that a
person is presumed to be innocent un-
til he shall be proven guilty.
This issue is probably the most i'm
nortant raised before the Stanley com
mittee.
Proposed Sherman Law Amendments.
Mr.. Stanley has reduced his remedy
to writing in the following proposed
amendments to the Sherman antitrust
law:
That whenever in any suit or pro-
ceeding, civil or criminal, brought un-
der or involving the provisions of this
act it shall appear that any contract
combination in the form of trust OF
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 restraint
10 !, i
that said restraint Of trade is reason
able.
That whenever in any suit or pro-
ceeding, civil or criminal, brought un-
der or involving the provisions of this
act it shall appear that any contract
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 a 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 1udg-
ment or decree shall have been rem
dered to the effect that a defendant, in
violation of the provisions of this act
has entered into contract combination
in form Of trust or otherwise, or con-
spiracy in restraint of trade or COM
MERGE among the several states or with
foreign nations, or has monopollzed 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 lille
gal contract, combination or conspira-
cy in restraint of trade or of such at
tempt or conspiracy to monopoHze
shall to the full extent to which the
facts and issues of fact or law were
htigated 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
the same facts and be conclusive as 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 ReasonabIeness,
Messrs. Stanley, McGillicuddy and
Beau declare they have a precedent in
the last amendment to the interstate
commerce act, creating the commerce
court and giving the interstate come
merce commission broader powers.
That amendment introduced into the
Federal statutes the principle of plac-
ing the burden of proof upon a railroad
10 show the reasonableness of its rates
when shipper made complaint or
When the interstate commerce commits
sion made its inquiry.
Chairman Stanley has written into
MS report a recommendation for the
Introduction of this same principle into
all the antitrust statutes with the
purpose of relieving the government of
heaVy expenditures in proving it's cases.
Representative Littleton worked all
Gay today on his recommendations He
VIII submit them to the Democratic
members Of the committee at their
meeting tomorrow. Mr.. Stanley says
the difference between him and Mr.
Llttleton can be reconciled.
Inc Stanley report will be signed
probably by all five Democratic mem
oers Of the committee, but Mr.. Little
ION Is expected to submit supple
mental report.