Evening journal., 1914-02-24

threatened by confiscatory damages,
and that in a suit between IL and an
Injured citizen right can be given
TO the plaintiff which is withheld
from the defendant, there are other
gave reasons OF public policy which
would make the proposed amend-
ment mischievous in the extreme.
Alter two decades of agitation the
country has profound need OF indus
trial peace. The war between the
government and business has lasted
long enough, and while It has done
some good it has unQuestionably re-
tarded the Industrial development OF
our country. That the country is
weary of this unnatural antagonism
was shown by the enthusiastic re-
ceptlon which It gave the notable let
Ter OF President Wilson at the time OF
the settlement of the telephone suit.
In which the President announced a
policy OF cancellation and repeated as
TO industrial strife what Grant had
SO eloquently said in the tragic DAYS
OF reconstruction, Let us have
peace Nothing would more quickly
defeat this policy of Accommodation
and Cancellation" and make the
peaceful readjustment of business TO
the Sherman law as finally interp-
reted more difficult than this pro-
posed amendment of the Sherman
law. No business combination II sued
by the government could consent 10
decree which in the event Of such
an amendment would involve the
peril of cOnfscation. No matter how
carefully worded the decree might be.
the fact that Il had been adiudged
by a court as having violated the
Sherman law, however technical and
unintentional, would be conclusive
evidence of that fact In a private
suit, and although the specific viola
tlon thus adjudicated might not have
injured an individual plaintiff. yet the
average jury would not be very as
tute In determining whether the dam
age claimed by the individual was
due to the specific violation adiudi-
Gated in the government suit. and the
only question that the jury would
pass upon would be the amount Of
the damage sustained by the plaintiff
which would thereupon re trehled
We cannot believe that il is for tho
good of the American people that the
o v
already pursuing a tAornv path and who
are doing their part in building up the
( prosperity of our country shall be sub
iocied TO the crosstre OF government
suits u equity, to inquisitorial grand
juries seeking to regulate the price Of
commodities by grand jury proceedings
80 oppressive regulations of government.
tai bureaus, and finally to civil suits for
treble damages by less successful com
petitors in business and by dissatisfied
consumers. especially when in the latter
suits the principal defence is effectually
} denied those combinations which have
had any unsuccessful legal controversy
{ with the government as to the true
meaning OF the sherman law.
Apart from this consideration the pro
posed amendment would be serious
menace 10 property rights and would
shake the confidence of investors 60
vcgy serious extent. No matter how
great the resources Of any business or
ganintion may be. if it has in the past
or shall nave i'm the future an adiudica-
tiOn against IL III government suit IL j.
likely to be visited with a Hood OF suits
which might mean cOnfscatiOn. That
this is not an idle fear can be shown
by the fact that one industrial con-
binauon. against which a government
suit is pending, has been in advance ot
any decree sued by small army Of litl-
gants claiming damages which are far
/ i'm excess OF the entire capital stock and
surplus OF this large and prosperous
company.