The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1912-01-04
COURT RESTRAINED
IN new BILL FOR
TRUST REGULATION
George Il. Earle Draws Up An
Act StiTening the sher-
man Law.

Philadelphia. Jan. 2.-The bill pre-
pared by George II. Earle, jr., of Phila-
delphia at the invitation of the United
States Senate committee on interstate
commerce for the control of trusts, the
abolition of n~onopolies and the proper
regulation OF American trade has been
given out by United States Senator
Moses e. Gapp of Minnesota, chairman
of THAI committee. Mr.. Earle jumped
into national fame when he gave the
Senate c~oranittee his opinion of the
trust law. He is now mentioned for
secretary OF m and labor and
has been invited to dinner with the
president as a mark of esteem in which
he is held in washington.
The measure every word of
the present Sherman antitrust law,
makes two important additions, de-
stened to strengthen the law, serves
notice upon the United States supreme
court in a strong preamble that con-
gress, having the power of i1npeach-
ment, is abope court, and essays to tic
the hands Of the supreme by III
GLIDING in Tive bill a glossary of terms
which VIII make it Impossible for the
court to read into the new measure the
words unreasonable" undue" or
others that might modify the law.
Brosaens Scope for Suits.
The clauses that have been added to
the Sherman law by Mr.. Earle in the
bill proposed by him provide: a
complaint against a trust must show
the PROFITS made by the trust in the
period na,ned In the complaint; that
these profits shah constitute a measure
of the damages suffered and that that
measure shaal be tripled in the award
made to the complainant; second, that
a trust or ether offender against the
law may be sued in the jurisdiction
wherI the offense is committed instead
of in the home jurisdiction of the de-
PENDANT. as is the case unner the Sher-
man law.
Mr.. Earle further proposes in his act
to make every combination that, upon
it's face, prevents competition, a prima
facie Offender against the law. He pro-
vides, however. that this presumption
may be operthrown by proof that such
combination, though in restraint Of
competition. really advances trade.
Senate Committee Studying 1t.
The Earle bin is now In the hands Of
the Senate committee on Interstate
commerce. ard there 1t will be dis
sected and considered in every detail
for some time. but it Is practically as
sured tllad it will come before congress
In form very little different from that
submitted by MIR. Earle.
Senate Townsend of Michigan, who
is one of the most aggressive mem
bers 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
mittce have mentioned their intention
Of bringing il &c ths attention of the
country.
What the Sill Provides
The important parts OF the revised
section 2. For the purpose Of this act;
toerce.'' unless otherwise determined by
the context, shall relate to trade and COM
merce among the states and with foreign
nations. tb) The expression Combination
in the form OF trust or otherwise in re-
stra!nt of trade or commerce." Is used to
cover. include, and mean combinations OF
two or more persons. to do or accomplish
any OF the things declared TO be in con-
trayent:on of the public policy of the
United States, as in this act declared or
to, in any wise accomplish any,
that will restrain, or tend to restrain
trade or ommerce; and which would not
have been criminal but for the provisions
of this act, though unenforceable at COM
mon law; and no such combination is to
fun
(c) The expression conspiracy in re-
straint of trade among the states or with
foreign nations" is used to cover, include
and mean all combinations that actually
do, or naturally tend to, restrain trade or
commerce. where there is either means or
end that would make such conspiracy ac-
ton giving to a party injured, or Grim
inal. at common law. And no such con-
Spiracy rs deemed 10 DC reasonable, or
due or lawful.
i'd The expression contracts in re.
straint of trade or commerce among the
states or with foreign nations''kis used to
include. cover end mean Voluntary con-
-tractural contracts whereby one or more
agree Voluntarily to limit his or their right
commerce. Such contIacts are declared
to be prima face unlawful, but to become
lafui only upon it being established thai
they do not actually and naturally tend
to restrain such trade or commerce; really
tending To aid and benefit, without in.
juring the public. and with no purpose
or dangerous probability or tendency OF
injuriag it, by creating the power of oil
establishing lnonopeiies and fixing trade
prices by unified tactics in relations there
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 o.
anythtig forbidden or declared to he un'
lawful ny this act. may sue therefor II
any d GarGu;t a6op mf,c Oh t rhe d nhaten y S'a reside u
or Is oHnd. or in any district wheer tbs
injury" for7wllicin suit is brought is al
acted. WWRout respect to the amount i
controversy, and shall recover threefolt
the damages by HIM sustained and tn,
costs of suit, including a reasonable at
torney's fec. And damages may be proved
in any legal way. including proof of prloI
earnings Of the plaintiff in a business un
ings OF the defendant or defendants in TIL,
most prpliLab!e part of their business, no
exceeding In amount the amount of busi
ness which could and would probabl,
have been Gone but for the wrongs com
planned Of. No action. however, to b,
sustainable where the plaintiffs case doe
not. exceed a mere Enacted upon desir,
or intent to so engage in such trade.
CLARK RECEIVES.
ST. Louis. Mo, Jan. 2-Speake
Champ Clark received New Year cal
lers today at the headquarters hi