The Birmingham age-herald., 1914-01-17
Representative Stanley In
PRODUCES Amendment to
Sherman Law
ACTION FOLLOWS
TALK WITH WILSON
Drawn Up to Meet Wish of President
as Expressed in Recent Message.
Would Change Second and
Fourth Sections

Washington, January 16.-Represen-
conference with the President, intro
duced late today au amendment to the
Sherman law which would make Illegal
the monopoIization or restraint of trade
sin any degree"
1t is designed to eliminate the rule IF
reason laid down by the supreme court
in the Standard Oil case.
The amendment also would invest Uni
ted States circuit courts with Jurisdiction
to restrain and prevent violations. of the
act. irrespective of the Attorney Gen
eral. 1t was drawn to meet the wish of
the President expressed in the last mes
sage to Congress to reduce the debatable
area surrounding the Sherman act. Rep
resentative Stanley discussed the meas
IRE with the President today.
The Kentucky congressman, who was
chairman of the special committee which
investigated the United States Steel cor
poration, does not offer the measure and
an administration amendment, but be-
leves 1t will be of service to the COM
mittee of Congress which will draft the
antitrust legislation after the President $
special trust message Is delivered next
week
Amend Second and Fourth Sections
The Stanley bill would amend the Sec
ond and fourth sections of the Sherman
Law.
In section two, in which the supreme
court injected the 'rule of reason" the
words 'in any degree" are inserted so
that the section would read:
Every person who shall monopolize or
attempt to monopolize or combine or
conspire with any other person or per-
sons, to monopolize in any degree any
part of trade or commerce among the
several states, or with foreign nations,
shall be deemed guilty of a misdemeanor,
and conviction thereof shall be punished
by fine not exceeding $4,000 or by impris-
onment not exceeding one year, or by
both said punisliments. in the discretion
of the court -
Discussing that portion of Chief JUS
fice Whites decision which relates to
unreasonable restraint of trade, Repre-
sentative Stanley said tonight that he
already had regarded it as-unnecessary
10 the decision and therefore not the
law
MANY however, believe he continued,
that the effect of this decision is TO
render illegal only such combinations in
restraint of trade are unreasonable.
The insertion of the words in any de.
gree with the other provisions will save
the law as amended from any such inter-
pretation.'
Concerning the question of jurisdiction
in cases of violation of the trust laws.
Mr.. Stanley declared that his amend
nlent would make impossible any action
under the act. because remedy would be
open to all.
Render Act Effective
''The provision in section four of the
present act requiring all actions to be
brought by the Attorney General" ne
said, "has done more to render the Sher-
man act ineffective than almost any other
thing. The Serman act has at times been
a dead letter because some Attorney Gen
eral happened to regard it with indiffer-
ence or hostility.
1.-THE merger of the Tennessee Coal and
Iron company and the United States Steel
corporation, in my opinion, would have
been impossible had it not been for the
fact that President Roosevelt advised
the Attorney General not to take action
i'll the matter. and no other official could
Industries affected by combinations in re-
straint of trade should have the same
right TO invoke the court to protect them
from the menace of monopoly that they
now have to project themselves from in
jury by an individual
As 1t is proposed TO amend it, this sec
tion of the Sherman act would read:
1.-The several circuit courts of the Uni
ted States are hereby invested with iuris-
diction to prevent and restrain violations
of this act, and it shall be the duty of
the several district. attorneys of the Uni
ted States in their respective districts, to
institute proceedings in equity to pre-
vent and restrain such violations.
"Such proceedings may be by way OF
petition setting forth the case anh pray
ing that such violation shall be enjoinet
or otherwise prohibited. When the par
ties complained of shall have been duly
notified of such petition, the court shall
proceed as soon may be, to the hear
ing and determination of the case, anC
i pending such petition and before ths
J final decree the court may at any time
make such temporary restraining order OIL
prohibition as shall be deemed just in the
premises.
What Is Unlawful
ANY person who shall be injured in hi.
business of property. or shall be threat
ened with such injury, by any other per-
i eon or corporation by reason of anythins
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