Norwich bulletin., 1914-01-17
Will Eliminate
 Rule of Reason
AmENDMENT TO THE SHERMAN
 LAW PROPOSED.
ALL MoNoPoLYH ILLEGAL
Restraint of Trade fin Any pssress Would Be Punishable by Fine or ln- prisenment. or Both, Under t.


 Washington. Jan. 1s.-Representa- tive Stanley of Kentucky, after a con- Terence with President Wilson. intro duced late today an amendment to the Sherman law. which would; make il- legal the monopolization or restraint Of trade fin any degree" It Is de- signed to eliminate the rule of req som laid down by the supreme court in the Standard oil case.
 The amendment also would invest the circuit courts of the United States with Jurisdiction to restrain and pre- vent violations of the act irrespeo- tive Of the attorney general. It was drawn to meet the wish of the pres ident, expressed in his last message to congress, to reduce the debatable area surrounding the Sherman act
 @RuIe of Reasenr Eliminated.
 The Stanley bill would amend the second and fourth sections of the Sherman law. In section two into which the supreme court injected the
 rule Of reason" the words 'rn any degree" are inserted so that the sec ton would read:
 Every person who shall monopoiize or attempt to nonopolize or combine or conspire with any other person or persons, to monopolize In any dedree any part of the trade or commerce. among the several states, or with for eign nations shall be deemed guilty Of misdemeanor and, on conviction exceeding s5,000 or by Imprisonment not exceeding one year, or by both said punishments, in the discretion of the court"
 Makes All Trade Restraint Illegal.
 Discussing that portion of Chief Justice Whites decision which relates to unreasonable restraint of trade. Representative Stanley said tonight that he had always regarded it ss un- necessary to the decision and, there fore. not the law.
 Many, however, believe,s he con- tinued, that the effect of this de- cision is to render illegal only such combinations in restraint of trade as are unreasonable. The insertion of the words fin any degree with the other provisions will save the law as amend ed from any such interpretation and will rsnder all restraints Of trade H. legal"
 Concerning the question of turisdfc- ton in cases of violation of the trust laws, Mir. Stanley declared that his amendment would make impossible any fnaction under the act. because remedy would be open to all.
 Act Dead Letter at Times.
 'rThe provision in section four of the present act. requiring all actions 1 to be brought by the attorney general" he said. has done more to render l the Sherman antitrust act ineffective | than almost any other thing. The Sherman act has at times been a dead letter because some attorney general happened to regard it with indifference | or hostility
 -Ths merger of the Tennessee Coal | and Iron company and the United States Steel corporation in my opinion would have been impossible had it not been for the fact that President Roose- welt advised the attorney general not to take action in the matter and no other official could The industries which are affected by combinations in restraint of trade are the first to take notice of the violation of the Sher- man act, and they should have the same right to invoke the court to pro tect them from the menace of mon | opoly that they now have to protect ! themselves from injury at the hands of an individual"
 Proposed Mode of Proeedsre. As 1t is proposed to amend it, this section of the Sherman act would read:
 The several circuit courts of the | United States are hereby invested with l jurisdiction to prevent and restrain 1 violations of this act and 1t shall be | the duty of the several district at respective districts to institute pro ceedinss in equity to prevent and re- strain such violations
 Such proceedings may be by way l of petition setting forth the case and | praying that such violation shall be | enjofned or otherwise prohibited When the parties complained of shall have | been duly notified of such petition. the court shall proceed ss soon as may be, to the hearing and determination ! of the case;' and pending such peti- J ton and before the final decree the court may at any time make such l bition which shall be deemed just in the premises.
 Injured Party Can Bring Suit Any person who shall be injured | in his business or property, or shall ] be threatened with such injury, by | any other person or corpora ton by ! reason ofQ anything forbidden or de- | clared to be unlawful by this act, may bring suit in equity in any dis l trict court Of the United States, in the district in which the defendant re- sides, or is found to prevent and re- | strain violations of this act and for | other appropriate relief.
 "Al evidence showing or tending i to show that such restraint was par
 tial, or that 1t was not undue or un- i reasonable. shah be admissible for the l purpose of determining the Qlantum 1 of damages or the character of pun 1 ishment to be inflicted and for no 1 other.s
 eThe amendment win be taken up l by the Judiciary committee when 1t begins the work of drafting antitrust bills after President Wilson has de- livered his message.