The Washington times., 1912-07-23
STEEL REPORT IS
REPRESENTATIVE OF
DEMOCRATS STAND
Radical Amendments to
Sherman Law and Com
merce Acts Proposed.
BY THEODORE TILLER.

BY THEODORE TILLER.
Radical amendments to the sherman
law and the interstate commerce acts,
which tell big business where it
stands, are contained in three bills
agreed upon today by the majority
members of the Stanley steel investi-
eating committee. The bills were pre-
sented, as a part of the majority re-
port, to the full membership of the
committee.
The Republican members are ex-
pected to perfect the draft of their
recommendations for legislation fol-
lowing the executive session today.
The Democratic antitrust bills era
body the most sweeping changes ever
proposed to the Sherman act and the
Interstate commerce laws. These
measures are especially significant in
view of the authoritative understand
ing that Gov. Woodrow Wilson and
leaders of the House have been con-
suited by Democratic members of the
Stanley committee.
Represents Party Attitude.
The Stanley committee bills are,
therefore, representative OF tho party's
attitude toward the trusts and map
out the program for the next four years
in event of Democratic success at the
polls.
In brief. the proposed amendments
TO the Sherman law and the Interstate
Commerce laws provide:
That the burden of proof shall be
upon the defendant corporation charged
with unreasonable restraint Of trade.
per cent of the production and sale
of any commodity used in interstate
commerce Is guilty, on prima facie evil
dence, of unreasonable restraint and a
violation of the law.
Power Given States.
That individuals may bring suit in
equity to prevent business injury from
oppressive competition, and that the
States shall have the power Of inter-
Nention in antitrust suits The amend
ment proposes that the injured business
man shall be no longer dependent en-
tirely upon the action of the Department
of Justice for relief.
That there shall be no interlocking
directorates between railroad com
panies and industrial corporations pro-
ducing equipment used by the railroads.
That no person who is engaged as q
member OF partnership, or as an Of
1icer. director or employe Of a corpora
tion which manufactures or sells struc-
tural steel, railroad rails, cars or loco
motives, or who Is engaged in the min
ing and selling of coal. shall act as an
officer, director or employe of any rail-
road company engaged in Interstate
traffic.
Means Real Competition.
The approval Of this amendment by
Congress means the enforcement of in
dustrial corporations and common car
riers, whether such carriers are land or
water.
That no person. firm. or corporation
controlling the capital stock of one line
of transportation shall control or oper-
ate competing line.
Chairman Stanley has in his posses
sion letter from a member Of the In
terstate Commerce Commission express
ing the belief that the enforcement of
industrial concerns and railroads will
trust evil
Congressman Martin Littleton, as
forecast in The Times yesterday, will
not sign that section Of the majority re-
port which would place the burden Of
proof on the challenged corporation in
suits brought under the Sherman act.
The bill to amend the Sherman law
contains ten sections. and attached is a
memorandum which sets forth in detail
how the proposed amendments would
safeguard the interests Of the States
and the independently in cases simila r
to those brought against the Standard
OIL Company and the American To-
Clause c of the tenth amendment
proposed provides that the court, after
holding q defendant corporation guilty
diction to make such restraining orders
or prohibitions as may be necessary to
re-create conditions in harmony with
the law. including prohibitions of any
which are enumerated herein as indicat-
ing unreasonable restraint"
The memorandum referring to this
clause says:
This clause is designed expressly Ia
grant or confirm to the court the power
which the circuit judges in the Tobacco
case failed to recognize, or declined ia
exercise, namely, the power to prohibit
in the future on behalf of the defend
ants acts which would tend to prevent
tAe restoration of maintenance OF COM
petitiVe conditions"
Don't for Corporations.
The bill to amend the Sherman law
also contains ten "don'ts' for corpora
tions, Arms, and persons engaged in In
terstate commerce. Restraint of trade
shall be conclusively deemed to be un.
reasonable If the trusts do any of the
following things:
If a person does business directly OF
indirectly under any other name thar
his own or his partnership, and If there
OF any business.
II the vender of any article spie!
upon the business OF any competitor.
If the Vender of any article attempts
to stifie competition by Offering tina
article at a price below the cost OF pro
ductlon and distribution.
Whenever the vender in control of any
raw or manufactured material fixes al
unrea sonably high price on 1t to preven
the production OF competitive article
Exclusive Territory.
Whenever the vender shall apportioI
territory and refuse to sell certain per
sons in that territory.
Whenever the Vender makes NOR
favorable terms to one than to all do
ing business in any territory.
II the vender refuses to supply an!
person with an article which the forme
controls, thereby intending to prevep
competition.
II the vender makes Discrimination
in the terms of sale which Is based oi
quantity or aggregate price OF the com