South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-01-23
THREE BILLS To
CURB TRUSTS ON
WAY TO CONGRESS
Measures Have Been Prepared
in Committee and Are Ex-
peCted to Strengthen the
Present Government Laws.

Cia@IOu after introducing In the house
Thursday the bin relating to the trade
commission gave out three tentative
bills relating TO trust legislation.
Nh Clayton explained that these
DilIs were prepared by SuD-cOmmit-
tee Of the judiciary committee for
submission TO and consideration by the
!ull committee and that he expected
the committee would have hearings
upon them in connection with all other
bills introduced and referred 10 the
committee relating 20 the same sub
Ject
The first bill reads.
To supplement an act entitled An
act 10 protect trade and commerce
against unlawful restraints and mo-
nopolies, approved July ., 1890.
BE II enacted by the senate and
mouse Of representatives OF the United
states OF America in congress assem-
bled, that the act approved July ..
1890, entitled An act TO protect trade
and commerce against unlawful re-
straints and mOnopolies Is hereby
supplemented and amended by adding
thereto the following:
Section 9. That it shall be deem
ed an attempt to mOnOpOlize trade or
commerce among the several states,
or with foreign nations or a part
thereof, for any person in Interstate
or foreign commerce 10 discriminate
IN price between purchasers of COM
mOdltles IN the same or different sec
tons or communities. with the pur-
pose or intent TO thereby inure or de-
strOy a competitor. either Of such pur-
chaser or Of the seller. Provided that
nothing herein contained shall pre-
vent discrimination in-DriCe between
purchasers of commodities on account
Of difference in the grade, quality or
quantity of the commodity sold or
that makes only due allowance for
difference in the cost OF transporta-
tion. and provide further that nothing
herein contained shall prevent persons
engaged in selling goods. wares or
merchandise in Interstate or foreign
commerce from selecting their own
customers, but this provision shall not
authorize the owner or operator of
any mine engaged in selling it's pro-
duct in Interstate or foreign com
merce to refuse arbitrarily TO sell the
same TO a responsible person, firm or
corporation who applies TO purchase.
Can't Use Rebates.
Section 10. That it shall be deem
ed an attempt to mOnOpOliZe trade or
commerce among the several states.
or with foreign nations or a part
thereof, for any person in Interstate
or foreign commerce TO make a sale
OF goods, wares, or merchandise or
fix a price charged therefor or dis
count from or rebate upon such price.
on the condition or understanding
that the purchaser thereof shall not
deal in the goods. wares or merchan-
disc of a competitor or competitors of
the seller.
section Il. That nothing contain
ed in section or section 10 hereof
shall be taken or held 10 limit or in
any way curtail the meaning and eff
feet of the provisions OF section two
OF this act.
Section II That whenever in any
suit or proceeding, civil or criminal.
brought by or on behalf of the govern
ment under the provisions of this act.
"A final judgment or decree shall have
been rendered TO the effect that "a de-
PENDANT, ia violation of the provisions
of this act has entered into a con-
tract. combination in form of trust or
otherwise, or conspiracy in restraint
Of trade or commerce among the sew
eral states or with foreign nations, or
has monOpolized or attempted t. mo-
nOpoliZe. or combined with any person
or persons TO monOpOliZe, any part of
the trade or commerce among the sew
eral states or with foreign nations, the
existence Of such illegal contract COM
binatiOn or conspiracy in restraint of
trade. or Of such attempt or cOnSpir-
aCy TO monOpOliZe. shall TO the full eX-
tent 20 which such Judgment or de
cree would constitute in any other
proceeding an estOpel as between the
government and such person, cOnSu-
tute as against such defendant con-
elusive 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 or in
vOiving the provisions OF this act.
Limitations Suspended.
"ln all cases where any person who
shall have been injured in his business
or property by any person or corpora
ton by reason of anything forbidden
or declared 10 be unlawful under the
provisions of the act entitled An act
90 protect trade and commerce against
unlawful restraints and mOnOpOlies."
approved july second. 1890, and who
at the time or previous 10 the institu-
ton of any such suit 10y the United
states as aforesaid has cause of ac-
tiSn under section Z of said act or un-
der section 13 OF this act against any
defendant in a suit wherein a decree
ot judgment has been obtained as
aforesaid. the statutes of limitations
applicable To such cases shall he suS-
pended during the pendency of such
.,uft and shall not again become Ope-
rative until after the date of the final
decree or judgment in such cause.
section Is. That any person. firm.
corporation. or association shall be
entitled 10 sue for and have injunctive
relief in any court of the United states
having jurisdiction over the parties
against threatened loss or damage by
a violation OF this act when and under
the same conditions and principles as
iniunCtive relief against threatened
conduct that will cause loss or damage
IS granted by courts of equity, under
the rules governing such proceedings
and upon the execution of proper bond
against damages for AN injunction i'm
providently granted and showing
that the danger OF irrcparablc loss or
damage IS Immediate. preliminary
induction NAV issue.
The Second Bill.
To include within the meaning OF
every contract combination in thc
form Of trust or otherwise. conspiracy
IN restraint OF trade or commerce
among the several states or with for
eign nations and within the meaning
~ the word monopolies. certain def
mite onenses. and 90 prohibit the
same.
BE il enacted bv ;he senate and
house OF representative % the United
states OF Amerisa iu congress assem-
bled that the words every contract