Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-06-03
SAYS SHERMAN
Law OUGHT TO
BE ELIMINATED
BeYeridge Declares Present
Situation Worst in
History.
LAWYERS SHOULD AID

morning pEAOEe the annual HlertAAS u
the Michigan State Bar Association
'sTbe sale of our surplus abroad is
vital to production and employment here
at home" said Mr.. Beveridge. Yet We
have utterly neglected our foreign trade
while other nations who were our com
rades in arms in the recent war took
wise broad farseeing measures, during
everv year of that conflict, to extend
their commerce in every market OF the
world.
aNot one European or Asiatic nation
could possibly do profitable business at
home or abroad, il its business men were
shackled with our absurd, unscientiflc,
outgrOWn and unbusinessnke Laws and
restrictions-this would have been true
even had there been no War-it was true
before the var.
ADVOCATES SHERMAN
Law REPEAL.
For twenty years 1 have steadily adj
vocated the repeal-at least fundamental
modfficatiOn-of the Sherman law, which
never once prevented the evils OF crooked
business but only encouraged the ignor-
ant and, often, the demagOgie bounding
Of straight business; in place OF that
antiQuated and harmful statute, modern
and helpful legislation must be enacted
which viii prevent business evils on the
one hand and encourage legitimate buSl-
ness activities on the other hand. Per
haps q weu-considered and carefully
drawn national incorporation act would
be best suited to American needs and
conditions; but the problem has been
worked out in various ways by other
commercial nations, and our public men
have only to give the subject real study
and painstaking attention to choose
practicable solution Of this pressing bust
ness problem
a thorough Overhauhng without oelay,
and such measures taken as will permit
American vessels 10 do Ocean-carrying on
terms OF equality with our commercial
rivals; and, In addition, definite Ameri-
can marine policy must be settled upon
and lived up TO. Our banking laws must
be extended so as to Rermm A h.,eEIssa
on the same basis as similar financial
agencies of other countries. OF equal
importance Is the formation and firm ex,
ecution Of a policy OF protecting laW1uI
American investment and legitimate
American enterprise throughout the
world.
10 lay the foundations upon which Amer
lean foreign trade can be builded, the re-
peal or radical alteration Of the sherman
law and the enactment Of a sound bust
ness statute-perhaps a national lncor-
poratfon actin place OF It is OF highest
professional interest to lawyers; and we
owe It TO the country that We extend to
our able and learned national legislators
our counsel and assistance.
ASKS LAWYERS To
AID STATESMEN.
"This necessary procedure VII not
only aid IN the Advancement OF r IT world
commerce. but even more, will encourage
business men to go forward with bust
ness ventures here at home Also, or
course. the ridiculous bureaucratic reg
MA ions and restrictions OF business
and the intricate reports required Of
business men must be modified or abol-
ished. II is work requiring statesman
ship Of the highest order and We law
yers ought to help our public men all
we can IT. the performance Of their heavy
and delicate task.
But even il all that I have here bare
" outlined were already done, two other
basic requirements would exist without
which business viii be 50 desperately
confused that IL cannot 60 forward. I
Those basic requirements are stability
and onlidence-stability OF business en-
fragments and confidence that those en-
agreements viii be lived up tO-conhdence
that Legislatures viii not pass laws re
lievfng' any man or class from perform
ing the obligations OF contract, or
statutes impairing or destroying the
such legislation is enacted the courts
will uphold our National Constitution
and therefore strike down such legisla-
ton.
OF VITAL IMPORTANCE.
'aAt no point in that amazing scheme
OF government, the Constitution OF the
United States, did the statesmen who
human nature and economic law than IN
the provision which protects contracts
The material well-being OF all the peo-
Die depends upon those industrial and
commercial activities called business; and
business depends on good faith more
than on any other one thing Men must
know that once an engagement is made
q contract signed-tney can rely aDsO-
luteIy upon its performance, or If broken
by one party, the courts viii give the
other party adequate remedy Men must
be able to rely uPon the certainty that
legislatures cannot pass laws enabling
some men TO violate the obligations OF
contract It was this indispensable re-
uuirement that caused the trainers Of our
national Constitution to make the sancti-
II Of eontracts-the inYiolability OF |
sgreements-an essential part OF the
Fundamental law Of the republic.
Laws have been passed and upheld In
defiance OF the plain commands OF the
constitution upon the pretext that these
laws relieved emergencies affeeting the
public health. morals and safety OF
course II supposed emergency can au-
thorize the suspension OF one part OF the
constitution, another emergency can eu-
tnoTize the suspension Of another part
CT the constitution; and II legislative bod
les can be the sole judge OF what con
stitutes such an emergency il follows
that our whole constitutional system is
shattered
CONSTITUTION LIMITS
UNWIsE ACTION.
ssIt is as obvious as II Is true that
Legislatures usually register the DEGREES
Of public feeling In times of excitement;
yee such action is often unwise and dan
ge-ous. It was to prevent Just such con-
duct that constitutional limitations were
set up-and set up By the people them
selves for the permanent and unvarying
guidance Of every department Of our
popular representative government. II
these limitations can be set aside by
Legislatures, governed by the whim OF
temporary popular majOrtties. our con-
stitution is, IN practical effect, annihf-
lated, and instead OF being permitted to
avail ourselves OF our sober second
thought (which is the supreme virtue
OF our constitutional schemel we viii be
licensed to work our undOing by exer
cising. under forms OF law. our momen-
ta-y and too often foolish, passionate and
destructive impulses and emotions.
This is the present tendency not only
Of Legislatures but somewhat even OF
courts tendency which, / am pre-
suaded, viii not continue. That this alb
normal, unwise and hurtful tendency
shall be checked and reversed so that the
country can once more return TO sound
conditions, the American baE must be
come the active, untiring and militant
champion Of Constitutional processes and
the incessant and resourceful opponent
Of non Constitutional and ti-COnstitu-
tional measures, whatever persuasive pre-
texts are advanced to support them and
in whatever attractive guise they sre pre-
sented- We lawyers, as an organized and
sisciplined body, must, at all hazards and
at every cost, maintain all American in
stitutions and never yield to the sup
preston OF any American institution. Sc
curity OF property, freedom of speech,
sanctity OF contract and every other
guarantee OF our fundamental ordinance,
nro nrueTiv fmuortqpf All ara vital partz