The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-01-20
INDUSTRIAL LIBERTY.
Senator sherman's Own Construction Of
tho Anti.TPust Act.

senator Snepmone OWn NOUstTucttOu "
the Antitrust Act.
Itom sas Congressional Record. XorcA II. 1890 |
Mr.. sHERMAN-Mr. President. the OBJ |
3eCt of this bill, as shown by the title,
- ito declare unlawful trusts and COM
6lnAtions In restraint OF trade and pro-
Auction." 1t declares that certain
contracts are against public policy. null
end void. It does not announce q new
principle Of law. but applies old and
we'll recognized principles OF the COM
mon law to the complicated Jurisdiction
Of our State and Federal Government.
Similar contracts In any State In the
Union are now. by common or statute
hw, null and void. Each State can and
does prevent and control combinations
within the limits Of the State. This we
do not propose to interfere with. The
power Of the State courts has been re-
pestedly exercised to set aside such
combinations. as I shall hereafter show.
but these courts are limited in their
Jurisdiction to the State and in our
complex system Of government are ad-
United to be unable to deal with the
great evil that now threatens US.
This bill. as would have II. has for
Its single object to invoke the aid OF the
courts Of the United States to deal with
the combinations described in the first
section when they affect inturiously
our foreign and interstate commerce
and our revenue laws, and In this way
70 supplement the enforcement Of the
established rules OF the common and
statute law by the courts OF the several
States in dealing with combinations that
l,,&, ,-lx lid, tot
Of the citizens Of these States.
II IL the right Of every man to work.
labor and produce in any lawful voca-
ton and to transport his production
on equal terms and under like circum-
stances. This Is industrial liberty and
lies at the foundation Of the equality Of
al rights and privileges.
This bill does not seek TO cripple COM
binations Of capital and labor, the for
nation OF partnerships or OF corpora
lions, but only to prevent and control
combinations made with a view to pre-
vent competition. or for the restraint
Of trade. or to increase the profits Of
the producer at the expense Of the
consumer. II is the unlawful comb.
NATION, teSteu tUe TultS VI CoTlIIlOu
law and human experience. that Is
aimed at by this bill. and not the USE
full and lawful combination. Unlawful
combinations made by individuals are
declared by the several States 10 he
against public policy and void and in
proper cases they may be punished as
criminals. II their business Is Lawful
they can combine in any way and en-.
Joy the advantage Of their united skill
and capital. provided they do not com,
Dine TO prevent competition.
admit that II Is difficult to define ir
legal language the precise line between
lawful and unlawful combinations. This
must be left for the courts to determin,
IN each particular case.
All that We as lawmakers can do 1,
70 declare general principles. and w
may be assured that the courts vii
apply them so as to carry out thu
meaning of the law. as the courts o
England and the United States hav,
done for centuries.
Now. Mr., President, what is this bill
A remedial statute to enforce by civi
process in the courts Of the Unite,
States the common law against mo
nopulcS.