The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1914-07-27
COMMISSIONED
ADMINISTRATIVE
SHERMAN LAW
CHICAGO BUSINESS MEN HAVE
ORIGINAL IDEA FOR MAKING
ANTITRUST LAWS EFFECTIVE
AND FAIR TO ALL,
SPECIAL TO THE JOURNAL.

Washington, July 26.-Chicago bust
ness men believe the Sherman law
can best be administered by a COM
petent trade commission.
The Chicago Association Of Com
merce," its president, Joseph De
Frees. told Mr. Wilson, reached the
conclusion that the broad general
statements of sections 1 and 2 Of the
Sherman law, forbidding restraint OF
trade and monopoly, as pointed out
by the supreme court in the tobacco
case. when taken together covered
possibly come within the spirit or
prohibition Of the law without regard
to the grab in which such action is
clothed.
'Tt was held that in view Of the
general language of the statute and
the public policy which it manifested
there was no possibility of frustrat-
ing that policy by resorting to any
disguise or subterfuge Of form, since
a resort to reason rendered 1t impos-
sible to escape by any indirection the
prohibitions Of the statute.
Treats Unfair Competition.
with respect to unfair competi-
tion. our committee has collected
many instances showing the various
devices and practices which have
been reached under the provisions Of
the antitrust act. the endeavor be-
ing to show further legislation COW
ering unfair competition is not
necessary in order to reach the vari-
GUS business practices. combinations,
ETC., which are subject to criticism.
The position of the association may
be succinctly stated as follows:
'1t believes
Il. The Sherman law should be re-
tanned and not changed.
'2. 1t should be administered by
a strong. businesslike commission
which should act upon it's own in
itiative, upon the request Of the pres
ident, the department Of justice. or
upon complaint of aggrieved indiv1d-
uals.
Condemn More Definitions.
"3. An extensive system Of defini-
tions is not practicable Each case
should depend upon its own circum-
stances. The criterion is not as to
whether competition is to some eX-
tent reduced, but as to whether the
practice Is fair or reasonable and not
against the public interest.
~. The commission should have
broad powers of investigation and
power to determine and order the dis
continuance of those practices forbid
den by the law. and such investga-
ton should precede action In the
courts by the attorney general.
as. The commission should have
Jurisdiction over individuals as well
as corporations.
"6. The commission should have
power to award damages as repara-
tion to injured parties.
az Inasmuch as the commission
would have power to investigate and
forbid when unlawful any business
practice Of any one. an extensive ana
expensive system of annual reports
would be a burden and unnecessary.
Follow Commerce Commission.
IS The form of bill suggested by
our association as an expression of
its principles and creating such a
commission follows as far as prac-
ticable the interstate commerce act
and furnishes merely machinery for
the administration of the Sherman
act, thereby retaining to the fullest
the advantage of the existing judicial
construction and practice. both as ap-
piled to the Sherman law and the in
terstate commerce law.
"9. The decisions and the orders Of
this commission would soon produce