The Washington times., 1913-05-06
DIFFICULTIES OF CONSISTENCY.

used to prosecute labor unions or farmers coopera
tive societies under the Sherman act. The measure
is now before the Senate, with the same provision
still in it, and the Senate is trying to make its views
clear.
This discussion, in the present and the last ses-
sion, deserves attention than it has had. There
are, broadly speaking, three great classes of organ
cations which are concerned with the antitrust act
They are:
The trusts"
The agricultural cooperative societies.
The labor unions.
Everybody is against the trusts, and the law
is presumably popular one so long as it hits them
only.
But nowadays, everybody" is in favor of the
farmers cooperative movement There is feeling
that somehow it will mean reduced cost of living
The cooperative movement is growing fast and the
Government itself is just launching into extensive
efforts to foster and promote it.
As to tine labor unions, there is difference of opn
ion about them; they have more friends than the
trusts" but not popular as the agricultural
cooperative organizations But generally speaking
the community is agreed that the right to organize
and to deal in an organized capacity, must be guar
anteed and preserved to workers.
Now, remembering that these three classes Of or
ganizations are chiefly concerned with the antitrust
law note the situation If it is made to apply to all
three classes; if it is meant to bust labor union
OF California fruit shippers association just as
much as it is meant to bust bion-dollar combna-
ton, then it becomes frightfully unpopular law.
The labor folks and the farmers will suddenly turn
against it.
To be consistent and logical, of course, COM
bination in restraint of trade is combination in
restraint of trade. Whether that combination sells
labor or brass clocks is not material; if it restrains
trade it restrains trade and the law points its index
finger that way.
Also, whether the combination restrains trade
in California kerosene or in California oranges is
not logically material far the law is concerned
The law can't see the difference between combina-
ton of orange producers to get good prices and
maintain an effective marketing organization, and
combination of oil producers to get good prices
and maintain an effective marketing organization.
Can you?
That's the difficulty in being consistent about
such matter If the Sherman law is applied to
everything to which its terms make it applicable it
will be thoroughly unpopular and will be modified
along sane, SENSIBLE possible administrative lines.
If it is made to crack the labor unions and the farm
ers societies just as hard as does the Cash Regis
ter and the Batub trust then if will have the trusts,
the farmers and laborers all against it, and what
chance would any law have to survive in that case!
AS the law stands today, it undoubtedly makes
most of the farmers cooperative societies illegal
Yet at the very time when the fact of their illegally
is being discussed most earnestly, and when the
Government has refused to grant them immunity the
Government is establishing new bureau IN the
Department of Agriculture to promote, boost, and
extend them!
That's the sort of consistency that the Govern
ment has been led into by the present policy in
handling the trusts.
Gentlemen are fond of announcing that you can't
classify trusts as good and bad trusts. What else
are you doing when you specifically exempt whole
classification of them from operation of law against
trusts? If the farmers cooperative trusts not
good trusts then why should they be exempted from
the operations of law that applies to other peoples
trusts?
lust as soon as the test of strict reason is applied
to this trust question it becomes apparent that the
Sherman act must be made class measure or must
be modified so that it can be enforced without running
lot of highly bene6cent organizations. The big bad
trusts haven't any friends in PARTICULAR and anyhow
they are big and ricn enough to stand being maued
about But when the same maung process gets
applied to meum, its certain to be regarded very
differently than when it only making trouble for
tuum.
All of which brings back the logical and practical
plan of an interstate trade commission with powers
corporations in industry such as the Interstate
Commerce Commission has over transportation.
Every real consideration of present anamalous con-
ditions every such debate as that now going on in
the Senate, makes more apparent than ever that
some such plan must be the final solution.