The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-08-26

hi d IT this time are discussed ia re-
81 rss Of committees OF the American
VI - association to be submitted nj the
q &1sk annual meeting In Boston on
DnS4ember I, and 5. These reports
lave not yet received the considera-
4f0n ~ the Association. but embody
Il the recommendations of its commit
4 tees.
A suggestion tina. congress empow-
saer an administrative body, such AS
4 the federal trade commission, to de-
&ermine in advance whether busi-
NESS agreement or arrangement is due
+ ana reasonable and therefore lawful,
4 or undue and unreasonable, ana
B therefore unlawful, is made in the
report of the committee on commerce.
trade and com mercia' law. II is pro
e DOS that III an authorized admin
6 strative body should fin6 that bust
ness Arrangement is due and reason
able that then the agreement should
& not come within the penalties Of the
Sherman antitrust or other anti
trust legislation.
SS The report comments on the fact
that at first the courts were inclined
70 construe the sherman antitrust
net literally and not 10 look beyond
II text and context To ascertain lis
meaning In the Standard Oil case.
however. the supreme court showed
that II was necessary 10 state
standard" by which To measure the
\ conduct Of business. that the stand
Ard of lawfulness was due and rea-
sonabie restraint OF trade, and the
standard Of uuia WITNESS was undue
I. And unreasona HE restraint Of trade.
''In view Of the fact" say the re-
port that business agreements and
arrangements is due and reasonable
restraint of trade, come within the
standard OF lawfulness and that un-
3 sue and unreasonable restraint OF
trade come within the standard of
unlawfulness and that these stand
ards are administered under the
sexible limits Of judgment of Judges,
s4gf seems only proper, right and just
hat some administrative body, such
as the federal trade commission,
should be empowered by law in the
4nrerest of right and justice, TO pre-
determine whether business agree
ment or arrangement is within the
standard of being due and reasonable
and therefore lawful. or within the
standard OF being undue and unrea
sonAhie and therefore unlawful. The
public and all interested should have
free right TO intervene and be heard
IN all proceedings. A provision for
court review should be provided If
such administrative body should ad-
arrangement. in the limits of its flexi-
Bile judgment was due and reasona
q Die. the law should expressly provide
hat such business agreement or ar
rangement should not come within
he penalties Of the sherman anti
trust or any other antitrust legisia
ion. The contestant fear and dread
II grand and petty 3uries and penal
institutions are preventing the instru
NJ in {er to hi,S IN
enterprises
Following is a summary OF ether i'm
rcrtant recommendations made by the
sssrmitiee on commerce. trade and
commercial law.
That the American Bar association
genews its adherence to the national
bankruptcy act and that it is opposed
l.. the repeal thereof and to needless
.nendments thereof;
That il endorses Mott House Bill No
.12, first session. Sixty sixth congress.
3, supplement section 25 of the ma
tnnai bankruptcy act by adding a sub
arision providing that a petition for
review of-~an order or Mnding of n
.sferee must be filed within thirty days
the service of notice of the order or
andings;
That the committee be given addi-
.onai time for the preparation OF a
sentattve code covering the Law OF
state and foreign commerce:
That the committee continue to re-
sort on the working OF and the practi-
.aI administration of right and JUS
Ice by the various federal admintstra-
live bodies:
That IL the federal trade commit ssion
toes not abandon its practice OF the
use of general averme nts in COM plants
lied by II that the committee report
tentative hill for discussion al the
s sext meeting of the association reauir-
ing the federal trade commission to
be more specific in the averments in
complaints filed by II;
That il Endorses the following bills
introduced at the FIRST session OF the
= sixty-sixth congress which propose to
suppress commercial bribery. and that
sne Of them be passed:
Cummins' Senate Bill No. 1924.
Fletcher Senate Bill No. 81. and
Sims House Bill No. 2S3.
The comm tttee on commerce.. trade
and commercial law OF the American
Bar association comprises Francis B.
James, District OF Columbia: T, Scott
1nutt Maryland: Fitz- Henry Smith. Jr.s
Aassschusetts; Howard Fl. Baidridg-.
Nebraska, and William H. H. Piatt.
Kansas
The committee on uniform judicial
procedure recommends that every mem .
ser Of the American Bar association i'm
nedtately request mis- senators and con-
gressmen to assure the passage Of the
atll before congress giving to the SUI
creme court OF the United States 'he
authority TO make rules governing the
eY.ttre procedure in cases at law TO the
aAxne extent that ~ now has power to
regulate the procedure in equity and
admiralty and the bankruptcy courts.
The committee believes that the bill
Is the key that will unlock the door to
new era Of scientific judicial rela-
acns The report says:
stThe united bench and bar will CO.
operate in hrst constructing and then
IA perfecting simple. correlated.
scientfnc system Of rules OF procedure
and practice. This system of rules
should embrace all the merits and none
h 81 tlee vices of both the common law
snd code pleading Its featurA merit
will be . patriotic effort to administer.
u instead OF impeding justice, by the law
yer who is now sworn 10 uphold all
# trocedural statutes. though they oh
struct justice, The Judge will soiVe
grocedural difficulties by seeing 10 II
that the case Is brought speedily to
issue on its merits through suitable
Il amendments to the pleadings"
IN urging that special committee