Evening journal., 1914-02-24
AN ACT TO FACILITATE The
BLACKMAH OF CORPORATE


The Chamber OF commerce has de-
termined to send representative
committee TO Washington to submit
the views OF the chamber with re-
spect to the proposed amendments 10
the Sherman antitrust law
In so doing this representative
commercial institution will render a
very great public service While
there is no reason to doubt the sin
cerity of the invitation extended by
the Administration to the business
interests 70 present their views on
this subject, yet the agitation Of the
last two decades has so affected the
public judgment that the views Of
any one business corporation, no
matter how cOgent, are disregarded
as the views of an interested and Of
Tending party. The Chamber OF
Commerce, however, viii speak, as
no other Institution of like class can
speak, for the business world, and it
Is therefore OF first Importance that
the representatives OF that Organiza-
ton shall adequately present to the
committees of Congress the grave OBJ
iections which exist to much of the
proposed legislation.
We hope that the Chamber OF Com
merce will especially direct the at
tention of Congress 20 that insidious
and mischievous provision OF one OF
the Clayton bills which provides IN
substance that whenever a final
Judgment or decree shall have been
rendered in a suit brought by the
Government against an offending
combination. adjudging that the de-
PENDANT has violated the Sherman
law, such judgment or decree with
its findings of fact shall
constitute as against such defendant
conclusive evidence OF the same facts
and be- conclusive as to the same issues
OF law in favor of any other party IN
any other proceeding
brought under the Sherman law.
The Sherman law as originally ell
acted reasonably provided that any
person who claimed TO have been in
iured by reason OF lawful re-
straint of trade could sue the offend
ing combination. Had the law stop
ped there neither its justice nor its
wisdom could be fairly questioned
The Sherman law, however, gave q
standing invitation to vicious anC
blackmailing litigation by Offering tC
any one who claimed TO have been in,
iured the right to recover a sum three
fold greater than his actual damage
For each dollar of loss three dollars
were given to the injured party as d
matter OF right, and as iuries had nevci
been indisposed TO give large verdicts
against corporations this treblng oi
damage involves the obvious possibility
of conhscation. Under the existing law
however, before an individual can claim
such O grossly punitive judgment he
must prove to the reasonable satisfac
tion Of inrv that he has been tn,
victim OF an unreasonable restraint OF
trade or unlawful monopoly This bur
den of proof. which in conformity with
the traditions OF the Anglo-SaxOn rae,
was put upon the plaintiff. has unques.
tionably deferred to some extent black
mailing attacks upon combinations OF
capital, which had been rendered sc
easy and profitable by the treble dam.
age clause.
II is now grayely proposed to take
, from the defendant in such a suit TIA,
right of trial by jury as to the prin
cipal issue OF liability in all case.
where by consent or otherwise an in
dustrial organization has submitted E,
q decree in suit by the government
Whenever such an organization. wea-
ried by burdensome litigation with tn,
government or conscious OF some tech
nical and unintentional violation ol
the law in past years. submits or i.
subjected to a decree which efrectualls