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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Sept. 1, 1911)
Jil The Committer. VOLUME 11, NUMBER 34 16 W ii i LA FOLLETTE ANTI-TRUST BILL (Continued from Pago 15.) nopollcs, which wo adopted, has withstood the most exacting of all possible tests. Tho moasuro introduced by Sena tor La Follotto is designed primarily to give to tho Sherman anti-trust law tho vitality and power of the English law, au intended by the authors of tho Sherman act, but which have been taken from it by tho supremo court, which has seen fit to read, "extraneous and devitalizing words into the statute words altering the meaning and intent of the law; words which, during twenty years, congress repeatedly refused to accept in tho form of proposed amendments. In addition, Senator La Follette proposes, without altering a' word of tho original act, specifically to define as crimes various business methods and practices which have been found ultimately to result in trade monop olies and harmful restraint when used by powerful combinations. Under tho English common law, which is still our law, practically all trade agreements of whatsoever character, in a legal sense, constitute a restraint of trade. But all such combinations as ultimately tend to promote wider or general competi tion from which tho public at large derives benefit are not held to be illegal restraints of trade. In other words, acts which in themselves constitute a technical re straint of trade become reasonable and lawful if their ultimate effect be to increase the totality of trade or wider competition from either of which the public derives benefit. This is exactly the principle upon which tho sections of the La Follette bill are based, which provide that in any legal proceeding "the burden of proof to establish the reasonableness of such restraint sha'l be upon the party contending that such restraint of trade is reasonable." And the La Follette bill goes further and defines in detail and with great' exactness what specific acts shall in themselves, at all times constitute unlawful restraint of trade, within the meaning of the Sherman anti-trust act, thereby re moving the uncertainty and tho con sequent ineffectiveness as a crimi nal statute caused by the recent su preme court decisions. It likewise provides very definitely for such punishment of the combi nations which engage in these illegal practices as to make It improbable that they will continue them. It makes the conviction of any combination for violation of law the basis for damage claims from all who have been injured by those combina- . tions. And it promises, in addition to such dissolution as the court has ordered in the cases of the Standard Oil and tobacco. trust, the restitution of money illegally wrested from vic tims either through contracts in re straint of trade or the destruction of tho business of the individuals. And is also removes the danger of the injured party losing the right to compensation through laps3 of time, for it provides that a causa of action ' should not bo barred if begun within three years after tho entry of the final judgment declaring the law to have been violated. Tho La Follette measure, though largely the .work of the senator from Wisconsin, represents the composite thought and labor of a group of great constitutional lawyers of progressive sympathies. Tho wisdom of merely supplementing and clarifying and not altering the Sherman anti-trust act must appeal to all thoughtful stu dents of the question. Nothing would be welcomed more by the predatory interests lhan alterations Of the origi nal statute, which would permit legal backing and filling and uncertainty for another twenty years. backward to legislate in such a man ner as to lose the value of the many wise rulings incorporated in the two supremo court trust decisions. It Is clear that to accept as a finali ty all that is for the public benefit in those decisions, and then by spe cific definition 'of what acts consti tute a crime eliminate all uncertain ty of meaning, behind which the criminal combinations may seek to take refuge, Is tho most far-visioned, effective and patriotic form of legis lation that could possibly be enacted at this time. Philadelphia North American. CHICAGO TRIBUNE'S POLL Before the adjournment of the recent session of congress tho Chi cago Tribune (rep.) made a poll of tho democratic members as to their preferences for the presidential nomination on the democratic ticket in 1912. It follows: Democrats of .Senate Tho choice of the democrats of the senate by states is as follows: Non- liar- com mon initial 1 ' f ' Wilson 1 2 1 Arkansas Florida Georgia Kentucky Louisiana Maine Maryland Mississippi Missouri Montana Nevada New Jersey North Carolina Ohio Oklahoma ". 2 Oregon 1 South Carolina . . . ., . ,. Tennessee 2 Texas , 1 Virginia 1 West Virginia 1 1 1 1 1 2 1 1 i" 1 1 Prepare for Victory in the Campaign of 1912 by doing? your part to keep tho demo cratic party pro gressive. Bo pre pared to fight those interests that seek to divert the demo cratic party from its Bo prepared to hltl ... St.. vi. A n irrii ?' ments of those who aro seoking tho de struction of tho democratic party by tho adoption of a re actionary policy. Know tho truo democratic position. Keep yourself posted on political problems by getting a good i. .' 9 Totals 14 Scattering Alabama, 2 for Under wood; Indiana, 2 for Marshall; New York, 1 for Dix; Nebraska,. 1 for Clark. Democratic House Poll The following shows by state- the choice of democratic members of the house. t I Ala. Ark. Cal. . Colo. Conn. Fla. . Ga. .. 111. .. Ind. . Iowa Ky. . La. . , Maine Md. Mass. Mich. Minn. Miss. Neb. N. J. n. y. N. C. Ohio Okla. Pa. R. I. . S. C. Tenn. Texas Va. . . W. Va. Wis. Ilnr Olnrk Wilson mon 1 2 .'. 1 t t 1 1 1 4 4 Non-Under- corn wood mlltnl 4 4 4 1 1 ! 1. 4 ,2 2. 1 :l M t t t 5 2 2. .8 2 16 -'. t : f. ." . 8 t 3 G 3 1 1 4: 5 3 1 31 43 i 5 4 2 2- t 2 1 4 2 9 2 1 1 4 2 3 1 1 Ill ' II IP II mzmmmMmmmwmmmgmwmm&mr.. mWMmMSlBXmWmmSw i ryA'. 'niffffiSfrr ilUftft' art VffifrTiifr nSrifw'ilark vnSnritTmmiTmmtmn ir iriiniiiTMinlinMMMTTTllBwMffTM mmwmmmmmmmmm&iMm "' 'J I lir r II 1 111 rTefjCWirjBaaat MM I ut 3C4O.Xra0.i&jG4UMJIUBHHh.TOJ mmwmmmmmmmmm wmmmmmmm&mm wmm :mmmwmmm&;Mwwm m m& wmmmmmmmmsg-: v.3f3ra nttcfttfcSftOKevfl xorawx-s sks t-sK:;vyxs,.':xv: mmmwmkmmmmmmmmmmmmmmmMm mm tfS mm 5N: : a.wssf. i 9f ::: Lmrainr Povpr- W$&. iWZ-iti,', ing Wide Range jfggj of Live Topics, containing all tho ipl arguments, princi- f.f Lima, i cuauuinji, inula $8?g$W- uiiu uBurca uearing on tho pressing questions of tho day. 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