The Washington herald., 1914-06-25
ANTITRUST LAWS
in A bad TANGLE
Entire Program in Hopeless
Confusion, Is Report from
Committees.
LABOR SECTION A PUZZLE
Provision Exemptins Organized Work
manship Has No Chance Of Passage.
Wilson's Speed Too Speedy.

President Wilson's trust legislative pro
gram in the Senate was enyeloped In
heavy fog late yesterday afternoon. Re-
ports from members of the Judiciary
Committee and from members OF the In
terstats Commences Committee indicated
that the whole program 10 in confusion.
II was stated with authority that after
working for some time in an effort to re-
write the Reyburn stocks and bonds bill.
the members OF the committee had called
in Samuel Untermyer. who is making a
draft OF q new bill Furthermore, many
Senators have questioned the eonstitu-
tionality Of the Reyburn bill. and also OF
the interstate trade bill which is now on
the Senate calendar. having been report
ed by Senator Newlands. The situation
In the Senate Committee on Judiciary In
respect to the Clayton bill is even more
chaotic. Members Of that committee ad-
mitted yesterday privately that they were
hopeIessiy at sea, and some OF the Demo-
cratic members are disposed TO Join with
the Republican members In q revolt
against the Presidents plan for driving
through the whole trust legislative pro-
gram at this session.
Advise Against Rush.
Senators ought not to be expected to
legislate upon a subject they do not I'M
derstand." said one of the Democratic
members yesterday. Every day We en-
counter new obstacles in dealing with
the Clayton bill. In my judgment and
in the judgment Of other lawyers in
the committee. the bill as II came from
the House. has many unconstitutional
features There 10 not time to reconcile
conflicting views and get the best legis-
lative results. This IL a big subject. The
President ought 10 be willing TO wait.
II Is my opinion that Congress ought 10
get through with the necessary routine
business and adjourn as early as pos
sible"-
Practically no progress was made in
committee yesterday In dealing with the
Clayton bill. Senator Cummins offered
FIVE amendments dealing with interlock-
ing directors and holding companies.
which. II is admitted will not be adopted.
but which will require some time 10
consider. There was also a long discus
sion OF the labor exemption provisions.
number OF Senators laid before the
judiciary Committee yesterday protests
States against the proposal In tire bill
TO exempt labor unions and other organi-
nations for mutual benefit from the
operation Of the Sherman Law.
ProyIsions Too General.
This is q section Of the bill that is so
general in its provisions that II is de-
ciared by some OF the members to he
unconstitutional The Supreme Court in
the international harvester case, coming
up from the State OF Missouri. held re-
Gently that a legislative body has the
power under the Federal Constitution 20
make classihcations and exemption. pro
vided such ciaSsihcatiops are not arbi-
trary, and in that case II was held that
the exemption OF labor unions and agrt-
cultural producers organizations from the
Missouri antitrust law was not repuE-
nant TO the constitution. as class legis-
lation because the classifications were
not arbitrary.
The section in the Clayton bill is so
general and indefinite in its language. It
is argued, that II would probably not
escape the condemnation Of the Supreme
Court as class legislation.
All changes made in the Clayton bill
BY the Judiciary Committee are tenta-
tive. and the frequency with which the
sections thus amended have been re-
ferred to proves, as one member said
yesterday after the meeting adjourned.
that practically nothing has been settled
definitely by the committee.
Put OF Clayton bill!
Administration Senators were saying
yesterday that the Clayton bill would
session OF Congress. A report was cur
rent this afternoon that Senator Hoke
Smith, q member OF the Judiciary Com
mlttee, would go to the White House 20
try to persuade the President to yield
10 the Judgment of some Of his party
followers in the Senate on the trust
legislative program, and put over the
greater part OF II until next session.
Senator Smith denied to newspaper men.
Just before the Senate adjourned, that
he was going to the White House to
advise the President on the trust pro-
gram.
II am going to the White House, but
L is for the purpose of talking over with
he President matters of Georgia patron
lge,'' said Senator Smith.
II is known. however. that the Senator
from Georgia takes a gloomy view Of
he outlook for trust legislation at this
session. He may not communicate his
views to the President. because Senators
md Representatives who have gone 10
he White House recently with such a
purpose In view. have not met with a
reception that would encourage others to
follow their examples
His Speed Too speedy.
But It was evident from the talk
among both Republican and Democratic
of the two Senate committees.
that are dealing with the trust bills, that
even the power OF the President VIII
hardly be potent enough 10 force through
his complete trust program with the
speed for which he has expressed a de-
sire. II he attempts to drive the Senate, |
he will have a revolution on his hands |
among his own party followers in that
body.
Senator Dillingham;, one Of the Repub- |
lean members, and an able lawyer, said |
yesterday that the members Of the Judi |
.iary Committee had been considering |
the Clayton bill from a nonpartisan |
viewpoint.
We have been seeking TO deal with |
the questions that have arisen as train |
I'd lawyers woeld meet and settle intri- |
cate legal problems as they rise. and 1t |
10 evident that we have a task before !
is which will require much longer time |
han may be generally supposed" said |
Senator Dillingham;. The Republicans |
n the committee have not been seeking !
/ partisan advantage. They realize that |
rust legislation is bound to come: that |
/ is necessary; but that II ought TO be |
framed in a way that will be con-
stitutional and effective, and It Is to |
hat end that we are all working in the |
committee, Republicans and Democrats |