Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1914-09-24
CLAYTON ANTITRUST
BILL TO BE CALLED !
UP IN SENATE TODAY
Strong Opposition to Measure
Revised by Conferees Ex-
pected to Delay Vote in
Both Houses.

| WAShlNSION, sept A,-The confer
| ence report on the Clayton antitrust
| bill will be called up for consideration
In the Senate today. provided Senator
| Culberson. chairman of the Judiciary
| Committee, feels that the time Ia on
| perfume. He gave notice when he SUBJ
mitted the report last night that he
| would ask to have It taken UP at the
earliest possible moment.
An effort will be made to have tb.
report disposed of in the Senate and
House before next Monday, 80 that tn,
| President may sign the Federal Trade
| Commission bill and the Clayton anti
| trust bill at the same time. The n
| days which the President has to sign
the Trade Commission bill before It au.
| tomatically becomes law will have ex-
pired next Monday night.
A hard fight against the adoption of
the conference report is expected In the
| Senate, however, and It may take several
| days to get a vote on IL Senator Reed,
| of Missouri among the Democrats is
| particularly bitter against the report be-
| lieving that IL has been much weakened
| in conference. He is disappointed In the
elimination of several penalty clauses.
Bitter opposition will be found to the
| gresslve Republicans who consider that
the teeth has been drawn from the bill by
| the confereee.
Suggestions that lobby has been
| active in opposition to certain provisions
Of the Clayton bill have been frequently
| made here during the last week. and
| Senator Reed may demand an investiga-
ton by the Senate Lobby Committee. Of
which Senator Overman Is chairman.
INDIVIDUALS HELD RESPONSIBLE
Section Il of the bill says in part:
Whenever a corporation shall violate
any of the penal provisions of the
antitrust laws, such violation shall
| be deemed to be also that of the
individual directors, officers or agents
| of such corporation who shall have
| authorized, ordered or done any Of
the acts constituting in whole or in
| part such violation, and such VIOLA
tion shall be deemed a misdemeanor.
and upon conviction therefor Of any
| such director, officer or agent he shall
| be punished by fine of not exceed
ing $4,000 or by imprisonment for not
exceeding one year.. or by both, in
the discretion of the court
|. The conferees fought for days over
the price-fxing and anti-"tying" pro-
visions. Finally sections two and four.
which the senate BtruCR out OF tne ftOuS0
| bill, were reinstated, but with the crim-
| nal penalty clauses cut out. In their
| present form, they read in part:
| Section q That 1t shall be unlawful
for any person engaged In commerce
in the course of such commerce, either
! directly or indirectly, to discriminate
| in price between different purchasers
of commodities. where the ef-
| feet of such discrimination may be
to substantially lessen competition or
tend to create a monopoly In any line
of commerce.: Provided, that nothing
| herein contained shall prevent dis
! elimination in price between purchas-
ers of commodities on account OF DIFF
ferences in the grade, quality, or
quantity OF the commodity sold. or
| that makes only due allowance for
difference in the cost of selling or
transportation, or discrimination in
price in the same or different COM
munities made in good faith to meet
competition; and provided further.
that nothing herein contained shall
prevent persons engaged In selling
goods wares or merchandise in COM
merce from selecting their own GUS
| toners in bona fide transactions and
not in restraint OF trade.
DISCRIMINATION FORBIDDEN
Section 3. That It shall be unlawful
for any person engaged In commerce
| in the course of such commerce to lease
| or make sale or contract for sale OF
! goods or Ak a price charged
| therefor, or discount from. or rebate upon
| such price. on the condition, agreement
| or understanding that the lessee or pur-
| chaser thereof shall not use or deal In
| the goods of competitor or competitors
| of the lessor or seller, where the effect
| OF such n lease. sale. or contract for
! sale, or such condition, agreement or
| understanding may be to substantially
| lessen competition or tend TO create
| monopoly in any line of commerce"
| Section 12 provides that a corporation
violating the provisions can be indicted
| in any judiciary district wherever 1t may
| be found.
INJURED PERSON MAY SUE.
| Section 10 provides in part; THAT any
| person. firm, corporation or association
shall be entitled to sue for and have In
| junctive relief in any court OF the United
States having jurisdiction over the parties
| against threatened loss or damage by
| violation of the antitrust laws, including
| sections @ 3, 7 and of this act
| provided that nothing herein contained
shall be construed TO entitle any person.
| firm, corporation or association. eSeep1
the United states. to bring suit in equity
for iniunctive relief against any common
carrier"
Senate and House will take action on
the conference report within a day or q
two President Wilson is to sign thS
Federal Trade Commission and the ahu'
trust bills at the same time.