Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-12-15
IN SPLIT
! ON
Relief From Sherman Law
Sure to Develop Long and
Heated Debate.
BY \. O. MESSENGER.

A view, by and large, Of the first ten
days session of Congress furnishes a
forecast of proposed legislation. which
to some senators seems to Indicate a
strong undercurrent running to in
creased governmental overlordship of in
dustry and business. This tendency is
approved by some, deprecated by others,
and is becoming a fair target for ear
nest debate in Congress
Following passage by the Senate OF
the resolution rehabilitating the War
Finance Corporation for the expected
benefit mainly Of the agricultural class.
with a strong minority dissent, comes
a proposal to relieve the farmers of
the menace of the Sherman antitrust
law, and further help farmers organfza-
tions to better prices for their products.
There is division Of opinion at the out
set among senator's as to the full scope
of this proposition Senator Borah holds
that the bill gives the farmers relief
from the Sherman law. Tn that con-
tention he is supported by Senator Kel-
loeg of Minnesota, a recognized author
ity on the Sherman law, and in the days
of Roosevelt known as "the trust
buster"
senator Nelson's Views.
Senator Nelson of Minnesota, spon-
sor for the proposed legislation. does
not agree. He and Senator Under
wood think with reference to the
sherman law, that the farmers posi-
tion would not be changed by the
enactment of this legislation, which
nrovides a new method of enforcing
the law.
"The object of the bill.' explains
Senator Nelson, 'fs to allow the va
rious farmers organizations OF the
country to operate freely, without be-
ing directly embarrassed by or hav-
ing the Department of Justice hold
up to them the Sherman ANTITRUST
law. Instead of giving them a free
hand. as you might say, we provide
in the second section that if they go to
extremes, if they aim to enhance prices
unduly or to create a monopoly, tnen
the matter can be heard before the
Secretary Of Agriculture or the FED
eral Trade Commission, as the case
NAV he. and after the Secretary or the
trade commission has made de-
cision in the case, it can be Drought
nm in the district court Of the United
States and litigated.
sIf the association feel that they are
aggrieved by the Secretary or the
trade commission, they can bring the
case into the District court. If the
Secretary of Agriculture or the trade
commission issues an order and states
that they must deSist from doing GER
tain things that tend to create mo-
nopoly and they decline to obey the or
der, he. or it, goes into the district
court to enforce the order"
Some other Contentious.
Under an amendment to the bill pro-
posed by the committee on judiciary.
it is expressly provided that the bill
shall not exempt the associations from
the provisions Of the act prohibiting
unlawful restraints and monopolies
King of Utah contends that the far
mers, under the bill, can form organi-
zations. but may not be attacked until
they violate the rule of reason" laid
down by the Supreme Court. Senator
Sterling points out that the farmers
are in a state of uncertainty as to
whether they may even form associa-
sured that they will not be prosecuted
until they do something in contraSen-
tion of the Sherman act.
Other senators lay stress upon the
fact that qualification of applica- :
ton of the Sherman act has been
made in three instances; for the bene-
fit of labor organizations. for agri-
cultural associations. and for corpo-
rations engaged in building up for
eign trade.
Two extremes of sentiment on the
broad subject are represented in the
attitude, respectively. OF Senator
Hoke Smith of Georgia and Senator
Edge of New Jersey. Senator Smith
frankly says, "If these farmers or
ganizations are subject now to the
Sherman antitrust act, I, for one.
want to say that they shall not be
in the future. I am not at all fright
ened by that suggestion"
Edge Voices Opposition.
Senator Edge takes the other end
of the contention. II think the time
has arrived when we should not ex-
empt any classes from those acts
which are supposed to control monop-
olies or control activity in making
prices, or anything of that character" !"
And there it is, the clash of opinion
over q policy which bids fair to en-
gage the increasing attention of Con-
gress especially when the new Con-
gress comes into being.