The herald-advance. (Milbank, S.D.) 1890-1922, 1914-01-30

ton Of the act under the same condi-
tons and principles that it%njunctlve re-
lief against threatened conduct which
will cause loss .or damage IL granted
by courts Of equity. .htfiaf rs es'sl
1t Ia required that a proper bond
shall be, executed against damages for
an Injunction improyidently granted,
and it must be shown that the danger
Of irreparable loss or damage is i'm
mediate.
Hits lnteelockins; Dirscteratea
Concerning directorates, the bill on
that subject, which is to become ef-
fective two years from date Of ap.
provato OF the act, provides:
mo person engaged as an individ-
ual or as q member of a partnership
or as a director or other officer Of a
corporation in the business of selling
railroad cars or locomotives. or rail
road rails or structural steel, or min
ing or. selling coal. or conducting a
bank r trust company, shall act as a
any railroad or other public service
corporation which conducts an inter
state business.
mo person shall at the same time
be a director or other officer or en-
ploye in two or more federal reserve
banks, national banks, or banking as
sociations. or. other. banks OF trust
companies which are members of any
reserve bank: and a private banker
and q person who is a director in any,
state bank or trust company not oper-
ating under the provisions Of the re-
cen currency law shall not be eligible
to serve as a director in any bank or
banking association or trust company
operating under the provisions of the
law"
Violation Of these sections Is made
punishable by a fine Of 500 a day, or
by imprisonment not exceeding one
year. or both.
II any two or more corporations.
have common director or directors,
the fact shall be conclusive evidence
that there exists a real competition
between such corporation and such
elimination of competition shall be
construed as a restraint of interstate
trade and be treated accordingly.
The trade commission bill provides
for commission of i've mem bers, with
the commissioner Of corporations as
chairman, and transfers all the exist
ing powers of the bureau of corpora
tons to the commission
Tho t,ri pcsral npl ,nost ;n,nortnnt
duty the commission besides conduct
ing Investigations will be to aid the
courts when requested in the forma-
ton Of DEGREES of dissolution.
With this in view. the bill empow-
ers he court to refer any part Of pend
ing litigation to the commission, III
Guiding the proposed Decree, for. infOr.
nation and advice.
Much Criticism for Bills.
The trust bills as framed will be
the subject Of sharp criticism on the
part Of progressives Of all parties who
claim they do not go far enough. 1t
will be declared that the definition Of
monopoly remains inadequate that the
prohibition of unfair trade practice
does not cover this evil in our econ
omic life that interlocking stock con-
troll is not covered and that the pow
ers of the proposed trade commission
are insufficient.
1t is interesting TO note that the
proposal to place the burden of proof
upon q combination believed to be yio-
lating the law has been omitted. No
attempt is made to prevent or destroy
monopoly based on patents. The great
est difficulty experienced in the effect
i've enforcement OF the law has been
found to be In the unwillingness OF
the ourts to impose jail penalty. 1t
remains optional under the proposed
measures whit the courts to fine or
imprison.
Trade Board May Disappoint.
In connection With the trade com
mission President Wilson declared in
mands such a commission only as an
indispensable instrument of informa-
ton and publicity IS a clearing house
for the facts by which both the pub
hc mind and the managers of great
k& MITE
business undertakings should be
guided.p
THE BILL p~rescribes that the commits
sion actsx are Is cohatttute a public
record but the body is authorized
to make public the information I'm
such form and to such extent as may
be necessary or by direction Of the
attOrpet General"
It is apparent that the public mind
cannot ibe guided unless It has the
facts. and thenit' will not get unless
the camnissiohaor the attorney gen
eral deems II HSHtfc.
Settlement Of NDifferences.
The most important feature OF the
bill is that which legalizes the policy
OF the administrators OF terminating
an unlawful condition by agreement
between the combination attacked and
the attorney general.
This feature is comprehended under
a section which requires the commits
sion, upon the request OF the attorney
general or any corporation affected,
to investigate whether a combination
is violating the LAW. fngcase theacom-
mission Should And Che violation to
exist 1t. must tatOaatho~astofne
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