The Miller press. [volume] (Miller, S.D.) 190?-current, 1914-01-29
FRAME -FOUR BILLS
TO CURB TRUSTS
sMEASURE APPROVED BY WILSON
HAS NO ESCAPE LOOP
HOLES.
TO BECOME LAWS VERY SOON
Penalty for Restraint of Commerce,
Unfair Business and Interlocking
Directories - Ample Provisions
Made for Trade Commission

Washington, Jan. 23.-The admins
tration's trust bills, embodying the
program laid down by the president in
mis- recent message, have been present
ed TO congress.
The bills have received the approval
Of MI. Wilson and the Democratic
leaders of both houses Of congress.
With little modification they will be
enacted into law. Their purposes are:
1. Definition of unlawful monop-
oily or restraints of trade.
2. Prohibition of unfair trade
practice.
3. Creation of an interstate
trade commission.
4. Regulation of corporation di-
dectorates and prohibition of in
terlocking directorates.
Unlawful Monopoly Defined.
Unlawful monopoly is defined as
any combination or agreement be-
tween corporations, firms, or persons
designed for the following purposes:
i. To create or carry out re-
strictions in trade or to acquire a
monopoly in any interstate trade,
business, or commerce.
2. To limit or reduce the pro-
rcuction or increase the price of
merchandise or of any commodity.
). To prevent competition in
manufacturing, making, transport
ing, selling, OF purchasing of mer-
chandise, produce, or any COM
modify.
4. To make any agreement, en-
ten into any arrangement, or ar
rive at any understanding by
which they, directly or indirectly,
undertake to prevent a free and
unrestricted competition among
themselves or among any pur-
chasers or consumers in the sale,
production, or transportation of
any product, article, or commod-
.ity.
The penalty for violation of the law
Is fixed at not more than 5000 or i'm
prisonment for one year or both.
Guilt is made personal through a
section that whenever a corporation
shall be guilty of the violation Of the
Jaw the offense shall be deemed to
.over the individual directors, officers,
and agents of such corporation, as
authorizing, ordering, or doing the
prohibited acts, and they shall be pun
.lshed as prescribed above.
"A paragraph prohibiting holding
companies is to be added to this meas
ure.
Covers Unfair Trade Practices.
The bill f%orbidding unfair trade
practices declares that to discriminate
in price, between different purchasers
of commodities, with the purpose or
intent to injure or destroy a competi-
tor, either OF the purchaser or of the
seller, shall be deemed an attempt to
monopolize interstate commerce.
1t is specifically declared that the
law is not intended to prevent dis
elimination in price between purchas-
ers of commodities ION account of
difference in the grade, quality, or
quantity of the commodity sold, or
that makes only due allowance for
difference in the cost of ~transporta.
ton"
Further. it Is prescribed that moth
ing contained in the act shall prevent
persons from selecting their own Gus.
authorize the owner or operator of
any mine engaged in selling its prod
act in interstate or foreign commerce
20 refuse arbitrarily to sell the same
20 a responsible person, firm, or cor
poration, who applies to purchase"
An attempt at monopoly also is de-
clared to exist for any person to make
= sale of goods, wares, or merchandise
or fix a price charged therefor, or dis,
count from or rebate upon such price,
,n the condition or understanding
that the purchaser thereof shall not
deal In the goods, wares, or merchan.
iise of a competitor or competitors OF
the seller.
Deals With Damage Suits.
A judgment against any defendant
In a suit brought under the antitrust
aw the bill provides shall constitute
As against such defendant conclusive
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 and
involving the provisions of the law.
For the benefit of parties injured in
heir business or property. by any per
son or corporation found guilty of VIC
Eating the law the statute of limita
lions applicable to such cases shall be
suspended.
Injunctive relief is accorded against
threatened loss or damage by a viola
ton OF the act under the same condi
lions and principles that injunctive re
lief against threatened conduct which
will cause loss or damage Is granted
oy courts of equity.
IL is required that a proper bond
shall be executed against damages fol
an injunction imp~rovidentiy granted
and 1t must be shown that the danger
of irreparable loss or damage Is i'm
mediate.
Hits ~Interioeking Dlrectorates.
Concerning directorates. the bill OF
that subject, which Is to become eff