Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-01-17
Representative Stanley lntto-
duceS Bill After Conference.
With President on Propo4y
Sition,
DECISION OF SUPREME
COURT IS NOT CLEAR
Kentucky Statesman Wants
Sherman Law Defined and
No AmbiguouSnesS as to
Rule Of Reason

inr MORNING JOURNAL SPECIAL lrAsrl seei
Washington, Jan l6.- Representa-
tive stanley. Of Kotucky aftcr u con-
ference with President Wilson. intro
dueed late today an amendment to the
sherman law, which would make ille-
gal the monopolz1tlon or restraint of
trade lin any degree lt IS designed
to eliminate the "rule Of reason laid
down hy the supreme court IN the
standard OH case
The amendment also would invest
the circuit courts Of the Unitcd states
with jurisdiction TO restrain and pre-
vent violations of the act irrespective
Of the attorney general
1t was drawn 40 meet the wish of
the president, expressed in his last
message to congress. 90 reduce the de-
hatahle area surrounding the sherman
act
The Kentucky congressman, who
was chairman Of the special commit
tee which investigated The United
States steel corporation, does not Of
fer the measure as an administration
amendment but believes it will he of
service to the committees OF congress
which win draft the anu-trust legis-
laticn after the presidents special
trust message is delivered next week.
The Stanley Bin woum amend the
SECOND and fourth sections OF the
sherman law IN Section two. into
hich the supreme court injected the
rule of reason the words i'm any
dcgrce" are inserted so that the see
tien would read.
Every person who shall monopolize
or attempt to monopolize or combine
or conspire with any other person or
persons to monopolize in any degree
any part OF the trade or commerce
among the several states or with for
cign nations, shall De deemed guilty
of misdemeanor and on conviction
thereof shall be punished by fine not
exceeding $4,000 or by Imprisonment
not exceeding one year. or hy both
said punshments. in The discretion Of
the court"
Discussing that portion Of chief
justice Whites decision which ne
lates 90 unreasonable restraint of
trade. Representative Stanley said to-
night that he had always regarded n
ms unnecessary to the decision and
therefore not the law
Concerning the question of iuusdic-
tion in cases Of violation Of the trust
laws Mr. Stanley declared that his
amendment would make impossible
amy inaction under the act because
remedy would be open TO all.
The provision in Section four of
the present act requiring all actions
10 be brought by the attorney gen-
eral, ne said has done more to rem
der the sherman anti-trust act inef-
fective than almost amy other thing.
The sherman act has at times been "a
dead letter because some attorney gem
(, e1l happened to regard il with indif-
ference or hostility
THE merger Of the Tennessee Coal
& Iron Coz and the United states
steel corporation. I'm my opinion,
would have been impossible had II not
been for the fact that President
Roosevelt advised the attorney gen
eral not To take action IN the matter
and no other official could. The in
dustries which are affected By comhl-
nations in restraint of trade are the
first TO take notice OF the violation Of
the sherman act and they should have
.hc same right to invoke the court
to protect them from the menace Of
monopoly that they now have 10 pro-
teet themselves from injury at the
hands Of an individual
The amendment Will be taken np by
the Judiciary committee when il be-
gins the work Of drafting antitrust
bills after President Wilson has de-
livcred his message senator Newlands,
chairman of the Interstate Commerce
commission which will have iurisdic-
ton over the legislation in the upper
branch of congress, said today that
the democratic members Of his COM
mittee would meet to consider the
proposed legislation soon after the
president addressed congress.
AZ it is proposed 10 amend IT, Sec
tion -four of the Sherman act would
read
THE several circuit courts Of the
united states are hereby invested with
jurisdiction 10 prevent and restrain
violations Of this act. and It shall DE
the duty OF the several district at
torneys Of the United states N their
respective districts ia institute pro-
ceedinss IN eQmS To- prevent and re-
strain such violations.
Such PROCEEDINGS may be hs way
of petition setting forth the case and
praying that such violation shall be