The Commoner.
WILLIAM J. BRYAN, EDITOR AND PROPRIETOR
'I,
VOL. M, NO. 44
Lincoln, Nebraska, November 10, 1911
Whole Number 564
An Unenforced Law
The following is the criminal clause of the anti-trust law:
"Every contract, combination in the form of trust or otherwise,
or conspiracy, in restraint of trade or commerce among the several
states or with foreign nations, is hereby declared to be illegal. Every
person who shall make any such contract or engage in any such com
bination or conspiracy shall be deemed guilty of a misdemeanor,
and, on conviction thereof, shall be punished by fine not exceeding
five thousand dollars, or by imprisonment NOT EXCEEDING ONE
YEAR, or by both said punishments, in the discretion of the court."
It will be noticed that the penitentiary term is ONLY ONE
YEAR. Compare that with the punishment for horse stealing in
various states and see how much more tenderly the law deals with
trust magnates who plunder a nation than with the man who iteals
a horse, and yet no trust magnate has suffered criminal punishment
under that law yet. That is the law into which the supreme court
recently wrote the word "unreasonable." The Commoner insists
that it would bo practically impossible to convict a trust magnate
criminally under that law with the word unreasonable in it. If the
law is still worth anything why does the president hesitate to use it?
Why does he not begin criminal prosecutions against the officials
of the Standard Oil trust, the Tobacco trust and the Steel trust?
WHY? WHY? WHY?
"Ask the Candidate" the Only Way the
People Have to Learn
United States Senate, Washington, D. C, October 26, 1911.
The Commoner: I believe in questioning candidates and I believe
in candidates frankly answering on every issue before the people.
This is the only way in which the people can be assured of what-the
'candidate stands for. This is the only way in which the people can
hold a candidate to account if he fails to keep his obligations. A
candidate has no right to receive vote's of people who expect one
thing, while he intends to deliver them another.
I think the questioning of candidates is the true method of
making effective the reforms which are essential to human progress,
and that a man's constituents should rightfully demand of him to
know in writing where he stands on the vital issues.
As a public servant of Oklahoma I have not hesitated to commit
myself on any proposition where the people desired to know my
views.
I favor the tariff for revenue only, free raw materials, the
income tax, the election of senators by the direct vote of the people,
publicity of campaign contributions and expenditures, before elec
tion and after, and complete publicity. I believe in supporting the
state governments in all their rights, in the strict regulation of rail
roads, but above all other things I believe in giving the greatest
possible power to the people, with the mechanism by which they
shall make their will effective, both in party management and in
control of the governing functions.
When these principles of government are adopted, the economic
questions can be determined before a fair jury and will have a
different aspect from what they have now.
The great issue of the day is the issue between the rule of privi
lege and the rule of the people. Those who are opposed to the rule
of the people may be justly classified as at heart in sympathy with
privilege and against the people. Yours faithfully,
ROBERT L. OWEN.
"A CRIMINAL STATUTE"
Section 1. Every contract, combination in tho
form of trust or otherwise, or conspiracy, in re
straint of trade or commerce among tho several
states, or with foreign nations, is hereby declared
to bo illegal. Every person who shall make any
such contract or engage in any such combination
or conspiracy, shall be deemed guilty of a mis
demeanor, and on conviction thereof, shall bo
punished by fine not exceeding five thousand dol-
CONTENTS
AN UNENFORCED LAW
SENATOR OWEN ON "ASK THE
CANDIDATE"
MR. BRYAN'S PLATFORMS
MISSOURI WILL BE "SHOWN"
WHEN SEWARD PUT HIS FINGER ON
THE SORE SPOT, PRESIDENTS
, AND JUDGES WINCED
DIRECT LEGISLATION BEFORE THE
UNITED STATES SUPREME COURT
GEORGE FRED WILLIAMS' BRIEF
PRACTICAL TARIFF TALKS
HOME DEPARTMENT
WHETHER COMMON OR NOT
TAFT AND LITTLETON ON THE
SHERMAN LAW
NEWS OF THE WEEK
WASHINGTON NEWS
lars, or by Imprisonment not exceeding ono year,
or by both said punishments, in tho discretion of
tho court.
Section 2. Every person who shall monopolize
or attempt to monopolize, or combine or conspire
with any other person or persons, to monopollzo
any part of tho trade or commerce among tho
several states, or with foreign nations, shall be
deemed guilty of a misdemeanor, and on convic
tion thereof, shall bo punished by fine not exceed
ing Ave thousand dollars, or by Imprisonment not
exceeding one year, or by both said punishments,
in tho discretion of tho court.
These are the sections of the Sherman anti
trust law upon which the supreme court of tho
United States recently hased its decision sus
taining the decree of the United States circuit
court of appeals in the government's case to
dissolve the Standard Oil company.
This act is a criminal statute, which provides
penalties and punishments for violations. There
can he no further excuse for the government's
failure to enforce it in criminal proceedings,
precisely as the Btatutes against counterfeiting
and other federal crimes are enforced.
From the Addyston Pipe decision to the
Standard Oil decision the supremo court has
repeatedly upheld the Sherman act both as to
tire letter and spirit. It has interjected no new
principles into the statute, neither adding to it
nor subtracting from it. Every decision has
made the constitutionality of tho act more im
pregnable. In reality tho Standard Oil case involved no
question of law least of all a new question of
law. It involved fact and practice. Were the
methods and practices of the corporation such
as to restrain or monopollzo trade commerce?
The supreme court of the United States answers
these questions In tho afflrmatlve, and tho
strongest industrial corporation in the world
must bow to the law, precisely as the labor
union must bow to that law.
With a long line of decisions to guide it, why
should the government of the United States con
tinue to treat tho Sherman law as an experl-
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AN OPPORTUNITY FOR THE SENATE
If President Taft persists In his re
fusal to make public the recommenda
tions for the appointment of tho suc
cessor to Justice Harlan then the pro
gressive democrats and republicans in
tho United States senate have an oppor
tunity to render distinct service to popu
lar government. When the president
sends to the senate the namo of Justice
Harlan's successor let the progressive
'democrats and republicans demand that
the president submit to the senate a
statement of the verbal and written
recommendations upon which the ap
pointment was made.
This is an opportunity which the
senate ought not to permit to go by.
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