Evening journal., 1916-12-07
President Wilson's Message
and The Sherman Act
(From the New York SUM-

We should clear away, he continues,
"all legal obstacles and create basis
OF undoubted law for it tour foreign
cOmmerce) which viii give freedom
without permitting unregulated Ii
cense." He insists on the necessity
OF this sort of amendment of the Sher-
man act and its supplements. so FAR as
in foreign commerce they make ille-
gal the freedom Of combination now
needed by Americans who would take
full advantage of an opportunity
which is here, as he remarks, and
may escape MS If we hesitate or delay.
This recommendation of Mr.. VII
sons will meet with universal ap-
proval in its immediate application.
There is, however. in il a wider sig
nificance than attaches TO its immedi-
ate application. IL is evident that to
the Presidents mind there is nothing
sacrosanct in the code Of anti-monop
oily law now standing in the statutes.
There is nothing unalterable, nothing
fundamentally true, in the artificial
criminalities and the fictitious immo-
ralities established by anIi-combina-
ton legislation and imposed on busi-
ness enterprises by the Sherman law
and its successive amendments. No
ethical distinction is possible between
artifically illegal combinations in for
eign commerce and similar comDlna-
tions in domestic commerce, over
which the Federal power of reguia-
tion is precisely the same President
Wilson, in the presence Of obvious op-
portunty. stands ready to sweep away
/ illegality and to abolish definitions IN
the case OF foreign commerce. Would
he not naturally be eager in equal
degree TO wipe out arbitrary detni-
tions and sweep away constructive re-
strictions whenever it became appar-
ent that a freer hand in the matter
Of combinations in domestic commerce
was necessary for the welfare OF
business? The contrary supposltion
seems to us unthinkable.
This reasonable attitude, this will
ingness to revise notions of legality
and morality which have been en-
acted by the legislators and construed
by the courts. may also be discerned
in another passage Of the Presidents
address where he is discussing an en-
tirely different subject Speaking OF
the possible ways to avert a nation
wide strike Of railroad men he prop
eriy hesitates to recommend "a law
which forbade or prevented the indi-
vidual workman to leave his work
before receiving the approval OF so
ciety." Yet he does assert. on what
he regards as an entirely different
principle. that "the concerted actiO-
Of organized bodies Of men shall not
stop or interrupt the operation Of the
railways until thorough public in
vestigation shall make the whole
question at issue plain for the judg
ment OF the people
In other words. while recognizing
the individual right Of the railway
wOrkmen to quit at any time, the
President would suspend for def
mite intermediate period their right
to quit work individually as the re-
suit Of concerted or combined or con-
spring effort on the part Of the labor
organizations to which they as indi-
viduals happen to belong. In still
other words, he would annul to a
I certain extent the previous legislation
under which labor organizations claim
exemption and immunity from the
operation of any law penallzing com
binations and conspiracies in restraint
of trade We see no other possible
Interpretation Of his remarks in yes
terday's address.
All this. Of course, signifies a will
ingness to engage in a quite extern
sive overhauling of the Sherman ac
and its supplements, and a revision o.
some of the defn tions of legality anC
illegality, right and wrong, not re
Gently questioned by the Administra
tion and its party in Congress. w
must regard this as evidence of th'
broad-mindedness with which Presi
dent Wilson is about TO enter upol
his second term OF Office. We believ
that the spirit here manifested q
we do not mistake its imporD will
be welcome to the country, and espe
cially to the sadly harassed business
of the country in domestic commerce
and foreign.
/