The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1914-06-17
THE CLAYTON BILL
DESIGNED TO STRENGTHEN AND
SUPPORT ANTITRUST BILL.

DESIGNED TO STRENGTHEN AND
SUPPORT ANTITRUST BILL.
Drastic Measure Passed by Demo-
cratic House in its Determination
to Kill the Trusts.
The Clayton bill, part Of the ad-
antitrust program, car
ries provisions designed to strength
On and support the Sherman law and
other acts against monopolies and
restraints Of trade. AS framed by ad-
leaders and considered
by the House the bill contained:
Prohibitions against price discrimi-
nation, or arbitrary refusal to sell
natural mineral products, and
against the enforcement Of condi-
tional leases, or contracts Of sale
under which lessees or purchasers
agree not to deal in the products Of
competitors Of the seller or lesser.
A provision that DEGREES in suits
brought by the government under the
antitrust law shall be final evidence
in suits brought against the defend
ant by others, involving the anti
trust law.
Provisions against holding COM
panies and interlocking directorates
in concerns under the jurisdiction OF
the Federal government, and provi-
s;ons guaranteeing labor and farm
ers' organizations their legal exist
ence under the Sherman law, limit
ing the use Of the Injunction in labor
disputes and providing for jury trials
in cases of indirect contempt Of court.
In addition the bill clears up va
rious jurisdictional questions and
questions Of procedure which have
arisen in the administration of the
antitrust laws.
The provisions insisted upon by
representatives Of organized labor,
and agreed to after conferences be-
tween them and the representatives
Of the administration were looked
upon as the elimination of a long
fight by labor to secure exemption
under the Sherman law.
They provide that nothing in the
antitrust laws shall be construed to
forbid the existence and operation
Of labor and farmers unions, and
that such organizations and their
members shall not be construed or
held to be illegal combinations OF
conspiracies under the antitrust
laws. How far the exemption will
extend was a matter Of debate in the
House, and many members contend
ed the question would result in long
litigation.
The restrictions placed about the
issuance Of injunctions in the bill
are close. 1t would provide that no
preliminary Injunction shall be is
sued without notice to the opposite
party. and that no temporary re-
straining order shall be issued unless
it shall appear from specific facts
shown by affdavits that immediate
and irreparable injury will result to
property or a property right of the
applicant before notice could be serv-
ed or hearing had thereon. The bill
provides that every Injunction or re-
straining order must be specific IN
terms, thus outlawing the so-called
blanket Injunction.
In labor disputes injunctions
would be forbidden by the bill Gun
less necessary to prevent irreparable
injury to property or property
right, for which injury there is no
adequate remedy at law. It would
also forbid injunctions against strik-
ing. peaceful picketing, primary boy
colts, the payment Of strike benefits
or the peaceful assemblage OF strik-
ers, and contains provision legaliz-
ing such acts.
The holding companies provision
OF the act would prevent one COM
pany from acquiring any stock in an
other corporation where the effect
between the corporations, or to Gre
ate a monopoly. The provision ex-
empts, however, corporations pur-
chasing stock solely for investment
and'not attempting to lessen competi-
ton
The interlocking directorates pro-
in the bill is an effort to
reach all corporations, railroads and
banks over which the federal govern
ment has Jurisdiction. 1t prohibits a
director in a concern dealing in sup
plies for common carriers from be-
Ing director in such common car
riers; prohibits a director in a bank
from being a director IN a common
carrier for which the bank acts as an
agent or underwater; directors in
private or State banks, having de-
posts, capital, surplus and undivided
profits OF more than s2I,500,000, in
eligible as directors in banks in the
national system, and makes ineligi-
BILE as national bank directors the
directors Of private and State banks
In the same city or town. The pro-
vision becomes effective two years
after the passage of the law. and ex-
empts the directors of mutual say
ings banks.
The bill revises the proceedings in
contempt Of court cases. In con-
tempts other than those committed
in the presence Of the court or so
near thereto as to obstruct the ad-
of Justice, the bill pro-
7ides the machinery for a trial by
Jury as in criminal practice. AS to
lirect eontempts the procedure is left