Evening star., 1932-07-04
ANTITRUST PROBE
URGED BY EMERY
Manufacturers Counsel Tells
Round Table of Multiple
ity of Laws.
BY the Associated Press.

BY the Associated Press
UNIVERSITY, Va, July 4.-James A.
Emery, counsel of the National Associa-
ton of Manufacturers of Washington,
addressing the opening session of the
/ round table conference on antitrust
laws OF the Institute of Public Affairs
| here today, said twilight zones of legal
| uncertainty" prevent many forms of
business cooperation for readjustment
which are "demonstrably necessary"
To-day we confront a practical prob
lem" he said. Among the reefs of
business doubt, business navigatorS fire.
quently find it impossible to move for
ward If they must await the channel
soundings of prolonged litigation. They
need an official chart, compass and
pilot"
The conference on the antitrust laws
was one of four which will occupy the
first week of the two-weeks institute.
| Others opening today are the country
church and The rural ministry, county
government and Latin American rela-
ticns.
Reviews Legislation.
Mr.. Emery reviewed in extended de-
tail the history of antitrust legislation
since July 2, 1890, with the adoption of
OAA6AAAuA AAtSAAlt1ll dSbs hC-
scribed the schools of thought which
gave rise to the demand for such legis-
lation. He traced the developments of
the law through its various changes and
additions, involving various tariff legis-
lation, the Federal trade act, the Pana-
ma Canal act, the shipping act, the
transportation act, the packers and
stockyards act. the Capper Volstead act,
the cooperative marketing act and the
radio act
During the past few years. he said,
there has been a growing movement
for thorough legislative inquiry into
the economic effect of the law. 1T is
apparent" he said, that a thorough
investigation is indispensable to legisla-
tion. A congressional inquiry will af-
ford a forum in which those who can
speak from business and professional
experience may present testimony and
suggestion 1t Is clear, from four dec
AIDES of Interpretation and enforcement,
that the antitrust acts recognize a
clear distinction between two broad
classes Of combinations to which the
law applies.
One undertakes to compel third
parties and strangers to conduct COM
merce under the terms fixed by the
combination or not at all The second
class includes those who, by agreement,
undertake to limit in some respect the
nature and extent Of the competition.
The first involves involuntary, the sec
ond voluntary restraint. The former
is clearly oppressive and intolerable.
Among the latter, the degree and char
acter of permissible cooperation may
fairly be determined by the effect OF
such agreements upon the public In
terest. No combination in the first
, Ill 81 no fnsf nf T1lIhliC in
terest. but numerous agreements within
the second class projected against the
background of existing economic con-
ditions are not restraint of trade, but
on the contlt ry promote, protect and
perpetuate rational competition"
Coal Operator Speaks.
Discussing the question of the anti
trust laws from the coal operators
viewpoint, Charles E. Bockus, president
of the Clinchfield Coal Corporation, as
serted that probably our antitrust
laws are here to stay, and it is only
| their reasonable modification that can
be hoped for. When combinations and
! cooperation between various units in
| the coal industry do not, on the one
| hand, force consumers to pay more
/ than a fair price, or on the other hand
| indulge in competitive policies that are
distinctly unfair to other operators,
such actions should not it seems to me,
be legislatively made unlawful"
The attempt to form regional sales
agencies was the most comprehensive
plan of self-regulation ever to be given
| consideration, the speaker said. IF
that proposal, as typif1ed by Appala-
chan Goals, Inc, is now held to be
against the law there can, in my opin-
ion, be no further efforts made from
within the industry TO bring order out
of the existing chaos unless and until
there is a liberalization of the anti
trust laws"
Opening the discussion in the round
table on county government, Paul w.
Wager of the University of North Caro-
lima told the assembly that local self
government in rural areas not only can
be but must be preserved, since 1t is
neither fair nor wise to deny tine rural
population an opportunity to learn the
art of government in the management
of community affairs.
Would Preserve Rule.
It can be preserved, he said. by
transferring to the State those func
tions of State Wide concern which
cannot be supported locally, by reduc
ing the number of political units and
reconstructing the remaining ones to
conform to economic units, and by
making the purposes of Government
constructive, the processes visible, and
the avenues of control direct.
Steps toward the ideal goal Of health
organizations throughout the State
were outlined in an address by DR..
Warren F. Draper, Virginia health
commissioner, before the county gov
eminent group.
Directing boards Of health organiza-
tions, he said, should be entirely locally
chosen and personnels should be ap-
pointiye and retained subject to ap-
proval. There is little to be said, the
speaker said, against Virginia's present
plan OF having as chairman of the local
health board the chairman of the board
Of supervisors, but there is much to be
said against the present method of ap
pointing other local members. since
the local health boards in many cases
do not take the positions seriously.
The speaker also urged an extension
Of local interest to the full time trained
personnel and development of policy
OF increasing local responsibility in
health work by intoxicating local pride
in health activities.
Sugar in the Caribbean" was the
subject of discussion by Leland H.
jerks OF Wellesley College. before the
Latin America Relations Council. As
serting that the sugar industry has
developed and over developed" the
sneaker said that "one factor in the
cheouered career Of the West Indies is
the excess which has characterized in
yasions of foreign capital and enter