The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1914-01-21
TC BREAK TRADE RESTRAINT.
AMENDMENT INTRODUCED TO
STIMULATE SHERMAN ANTI.
TRUST ACT.
Measure Introduced by Stanley Strikes
at Rule of RcasOn-Mccts Prcsi-
dents Wish to Reduce Debatablc
Ground.

Washington, Jan. 1G.-Representa-
tive Stanley, of Kentucky, after q
conference with President Wilson, in
troduced late today an amendment to
the Sherman law, which would make
illegal mOnOpoliZation or restraint of
trade lin any degree" shrinking at the
rule of reason" laid down by the Su-
preme Court in the Standard Oil case
The amendment also would invest
United States Circuit Courts with ju-
risdiction to restrain and prevent vio-
lations of the Act, irrespective of the
Attorney General. 1t was drawn to
meet the wish of the president, ex-
pressed in his last message to Con-
gress, to reduce the debatable area
surrounding the Sherman Act Repre-
sentative Stanley today discussed the
measure with the president.
The Kentucky Congressman. who
was chairman Of the special commit
States Steel Corporation, does not Of
fer the measure as an administration
amendment, but believes it will be Of
service to the committees of congress
which will draft the antitrust legis-
latiOn after the presidents special
trust message is delivered.
The Stanley bill would amend the
second and fourth sections of The
Sherman law.
In Section 2, in which the Supreme
Court injected the rule of reason"
the words lin any degree" are insert
ed SO that the section would read:
Every person who shall mOnOpolize
or attempt to mOnOpOlize in any de-
gree any part of the trade or COM
merce among the several States, or
with foreign nations, shall be deemed
guilty of Il misdemeanor, and N con-
victiOn thereof shall be punished by
fine not exceeding $1,000 or by i'm
prisonment not exceeding one year, or
by both said punishments in the dis
erection of the court"
Discussing that portion of Chief JUS
tice Whites decision which relates to
unreasonable restraint of trade, Rep
resentative Stanley tonight said he
already regarded it as unnecessary to
the decision and, therefore, not law
Concerning the question of ,Lrsdic-
ton in cases OF violation of the anti
trust law, Mr.. Stanley said his amend
ment would make impossible any in
action under the Act, because remedy
would be open to all.
The provision in Section 4 Of the
present Act requiring all actions to be
brought by the Attorney General" he
said, has done more to render the
Sherman Act ineffective than almost
any other thing. The Sherman Act
has at times been dead letter. be-
cause some Attorney General happen
ed to regard it with Indifference or
hostility.
'"Thc merger of the Tennessee Coal
and Iron Company and the United
States Steel Corporation, in my opin-
ion, would have been impossible had
1T not been for the fact that President
Roosevelt advised the Attorney Cen
eral not to take action in the matter.
and no other official could Industries
affected by combinations in restraint
of trade should have the same right
to invoke the court to protect them
from the menace OF monopoly that
they now have to protect themselves
from injury by an individual"
AS it is proposed to amend il. this
section of the sherman Act would
read:
"The several circuit courts of the
United States are hereby invested with
jurisdiction to prevent and restrain
violations of this Act; and it shall be
the duty Of the several district attor- /
ncys of the United States in their re !