The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-23
An Act to Facilitate Biackms all.

An Act to Facilitate Biackmsii.
The Chamber Of Commerce has de.
termined to send a representative COM
mittee to Washington to submit the
Views Of the chamber with respect to
the proposed amendments TO the sher-
man antitrust law.
In % doing this representative COM
merclal institution will render a very
great public service. While there Is no
reason to doubt the sincerity Of the in
vitation extended by the Administra-
ton to the business interests TO pre-
sent their views on this subject. yet the
agitation Of the last two decades has
10 affected the public judgment that
the views Of any one business corpora.
tiOn, no matter how cogent, are disre-
garded as the views of an Interested
and offending party. The Chamber Of
Commerce, however, will speak, as no
other institution Of like class can speak.
FOR the business world, and II IL there
fore Of first importance that the rep
resentatives Of chat organization shall
adequately present to the committees
Of Congress the grave objections which
exist to much Of the proposed legis-
lation.
We hope that the Chamber Of Com
merce will especially direct the atten-
ton Of Congress to that insidious and
inlschievous provision Of one of the
Clayton bills which provides In sub
stance that whenever final judgment
Or decree shall have been rendered in
suit brought by the Government
against an offending combination, nd.
judging that the defendant has violated
the Sherman law, such Judgment or de-
cree with Its findings Of fact shall
constitute as against such defendant con-
elusive evidence OF the same facts and be
conclusive as to the same issues Of law
In favor Of any other party in any other
proceeding
brought under the sherman law.
The Sherman law as originally en-
acted reasonably provided that any
person who claimed to have been in-
jured by reason OF an unlawful re-
straint Of trade could sue the offending
combination. Had the law stopped
there neither its justice nor its wisdom
could be fairly questioned.
The Sherman law, however, gave a
standing invitation to vicious and
Matchmaking litigation BY offering to
any one who claimed to have been In
lured the right to recover a sum three
fold greater than his actual damage.
For each dollar of loss three dollars
were given to the injured party as a
matter Of right, and as juries had
never been indisposed to give large
verdicts against corporations this
trebling Of damage involves the obvious
possibility Of conflscation. Under the
existing law, however. before an indi.
vidual can claim such grossly punt.
tive judgment he must prove to the
reasonable satisfaction OF a jury that
he has been the victim Of an unreason-
able restraint Of trade or unlawful
monopoly. This burden of proof, which
In conformity with the traditions of the
AnglO-Saxon race was put upon the
plaintiff, has unquestionably deferred
10 some extent Matchmaking attacks
upon combinations OF capital, which
had been rendered so easy and profit.
able by the treble damage clause.
1t is now gravely proposed to take
from the defendant in such suit the
right OF trial by jury as to the prin-
cipal Issue Of liability in all cases
where by consent or otherwise an in
austrial organization has submitted to
; decree in suit by the Government.
Whenever such On organization. wea.
ried by budensome litigation with the
Government or conscious of some tech
Meal and unintentional violation Of
the law in past years, submits or Is
subjected to q decree which effectually
ssstrains it from any violations of the
Nv ats status 40 an offending com
tnatiou 10 irrevocably nxed as against
(. wry Individual iitigant, ana all that
! enaans for the individual iitisant 10