The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-05
seth LOW ADVISES
TRUST LAW TRAINERS
opposes Change in Sherman Act,
Calling II Adequate
to End Evils.
BIlANDEIS ALSO TEST1FIES
Urges Jail Terms for Officers
Who Disobey Orders Of
Commission.

WAsHINdroN, Feb. Seth Low OF New
were the principal witnesses to-day before
the House committees having Jurisdiction
over the bills comprising the Admnistra-
tons programme OF antitrust legislation.
Mr.. Low argued before the judiciary
Committee against any changes in tho
Sherman antitrust law. He said that IL
that statute were enforced II would be
found to bc adequate in correcting the
evils Of corporate management Hc sug-
gested that the antitrust law be loft in
tact and that n provision aimed at the
unfair practices OF corporations. such as
price cutting, bc Incorporated in the bill
creating the interstate trade commission
He urged that this commission should get
strong powers over the activities of in.
dustriai corporations. somewhat similar
to those exercised by the Interstate Com
merce Commission In the case OF railways
MIR. Low expressed the opinion that the
bill attempting TO define the terms mon
opoly" and "monopolzation' would UNI
doubtedly I've enforced against labor
unions and voluntary associations of
farmers.
Mr. Brandies resumed his testimony
mission relative to the bill Great
ing an Interstate trade commission.
He said that two features of this measure
were undoubtedly unconstitutional One
OF them was the provision that makes no
distinction between intrastate and inter-
state corporations that are required to
make reports TO the commission. The
other provision IL that giving the com
mission unlimited power OF search and
seizure.
The committee seemed 10 agree with
Mr.. Brandeis that these provisions arc
consideration to amendments proposed by
the witness.
Mr. Brandeis urged that the bill be
amended SO as 20 provide Jail sentences
and heavy fines for officers OF corporations
who disobey orders issued by the trade
commission He said he would limit the
personal guilt provision 20 offences hav-
ing Il moral faint"
Representative Adamson, chairman OF
the committee. interrupted 10 remark that
he would ~ further and hold the heads of
corporations personally liable for amy Of
fence committed by the corporation.
"Jures will not convict unless there IS
a moral faint involved IN the offence
said Mr. Brandes. "In all these years OF
enforcing the antitrust law We have
never been able to put any one in Jail. be-
cause jurics are reluctant to punish I'M
less moral liability is shown. In dealing
with the railroads We found We could
make it cheaper for them under penalties
Of finc to obey the law than TO violate II.
II am In favor OF Individual punish
men. for corporation officials, but we
should rather devote our efforts TO pre-
venting abuses. Commercial crime is An
.ftcrt and not a cause. The existing sys-
tenn In responsible for tn" evils OF which
we make complaint. We should remove
IN" conditions that lead To crime and re-
sort TO the criminal courts ~ little as
possible
Mr.. Brandeis insisted that the provision
empowering the commission to investigate
corporations at the request Of the At
torney- General or another corporation
should b. changed. He thought II unwisc
to permit the commission to initiate in
qu!rles into the offences of ono corporation
nj the instigatiuu Of another
Commenting on the provision that tt-
thorizes the commission 10 assist the Al
torney General In carrying out DEGREES of
dissolution Of the Supreme Court Mr.,
Brandeis said that IL IL had been effective
when the Standard Oil and tobacco cases
were decided the commission could
have performed very useful public ser
vice.
Prot. Clark OF Columbia University
urged the Judiciary Committee TO report
bill that would break up the unfair
practices of the corporations which. he
said, were harmful 10 the public.