The Western news. [volume] (Libby, Mont.) 1933-current, 1937-10-28

Justice is able to persuade congress
to revise the laws at the coming
session. Details have not been
worked out, but the idea is that II
certain practices, whether in con-
formity with the old construction OF
conspiracy or not, produce Identical
prices, or are to eliminate weak conn
petitors, or to concentrate control
of the market in any given line IN
a few hands, those practices shall
constitute a violation OF the law.
The whole point is to be that the
practices shall be judged not on
their own merit, lack of morals, or
whatnot, but on the results that flow
from them.
The best Interpretation of the adj
ministration's attitude Is revealed
in the prosecution now going on, at
Madison, Wis, against oil compa-
MES, oil executives, and publications
which printed news about price IN
tentions. It is contended by the
government that mere publication,
in certain journals, of price changes,
served actually as notice to all IN
the oil business to make their prices
just that.
But the difficulties OF proving vi
olation of the present statutes IN
this practice is just what the govern
ment would like to overcome In fu-
| ture actions. Hence the desire for
new laws which will make the re-
suit crime, regardless OF the ap-
parent innocence OF the actions
which led to that result.
What is really burning the gov
eminent up is identic bids on gov
eminent supplies. Officials mention
/ II bids for reinforcement bars at
Denver, IA OF which were precisely
/ $1,144. l6 each; IL bids for such bars
at Los Angeles, with II OF them
| precisely $l94, 051.89; every one OF
| 10 bids at Fort Peck for such bars
exactly $3.50, 633 80. Then In Feb
ruary, 1896, there were is bids OF
just So, 1880 for steel sheet or
der, followed in June by Is bids for
the same order at the same figure.
Lawyers Are Irked
The prize case, officials complain,
was on steel pipe. where the navy
found So bids by SO companies, each
one of which was exactly $4,000 .83.
These are just a few OF the cases
of identic bids which have gotten
the Department of Justice lawyers
ed-headed-cases which seem al
most miraculous unless one as
sumes, which is what the govern.
ment lawyers want the public to as
sumo, that there actually was col
fusion among the bidders-conspira
cy in restraint Of trade.
This is the result the government
wants to make illegal. without com
polling the government to prove tina
in achieving that result some prac
tees at variance with the anti-trus
laws were employed.
Not for one minute do the govern
ment attorneys concede that for thu
corporations doing this bidding tt
agree on such an absurd proceeding
in advance would convict then
of incredible stupidity. They woul'
never admit that such matching t
the penny could be colncidenc
due to the combination of freigh
rates, wages and supplies.
But it's pretty hard to prove tina
there is really conspiracy" in tn
meaning of the present anti-trus
law language. That is why tn
government is SO avid, first in prose
cutting this present oil case, and ser
ond on amending the law to get 9
the results instead of the steps leae
ing to the results.
The oil case, they think, will cor
vince the country and congress tbs
the law needs amending.
Midterm Conventions
The plan of Herbert G. Hoover an
of Chairman John d. M. Hamilton
of the Republican national commi
tee. to hold a midterm Republica
national convention, is calculated b
Republican senator's and represent;
tives who happen to be in Washing
ton to insure the election of thre
or four more Democratic senator
and from 80 to 100 more Democrat
Representatives next year ths
would otherwise have any chanc
It is proverbial, these opponen
of midterm convention point on
that the party not in power make
a stronger showing in the midter
election. In fact, there are vel
few instances where there was n
a swingback two years after Ian
slide, frequently strong enough
lose control of the house for Il
party in power. President Roos
velt's enormous popularity prever
ed this natural swingback in 1919
pointing Q prophetic finger at VIII
was to happen in 1886.
The Democrats gained the hou
in 1910, after President Tafts enc
nous victory in 1908. The Repub
cans captured both house and Sc
ate in 1918, foreshadowing the owe
whelming Republican victory Of 49,
But aside from these big swing
ii is the normal law of politics tn