SEPTEMBER-1, Hit
15
The Commoner.
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.l-H-
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out of the republican members of the
committee?
Mr. Smoot, Mr. President, I have
no deiire to change any statement
that I have ever made on the floor,
I gay now to the senator that there
had been given by the ways and
means committee of the house full
and complete hearings nine volumes
of them.
Mr. Reed. I am talking about the
senate.
Mr. Smoot. If the senator will
wait, I will come to the senate.
Mr. Reed. I trust the senator will
not take a change of venue to the
house of representatives.
Mr. Smoot. If the senator does
not want me to answer, I will take
my seat; but if he will be a little
patient, I will come to the Benato.
Mr. Reed. I have infinite patience
when I am being entertained and in
structed by the senator from Utah.
Mr. Smoot. Mr. President, I will
say that the hearings were open
hearings before the ways and means
committee of the house, and there
were nine large volumes of them.
The finance committee of the senate
decided that there was no necessity
of having public hearings covering
the same ground, but also decided
that any senator who desired to ap
pear before the committee, or have
any of his constituents appear be
fore the committee, could do so and
be heard upon any schedule in the
bill. I will say that there were a
great many men interested in the
several schedules. I do not know
that they could be called secret meet
ings. There were all the members of
the majority party at those meetings.
I want to call the attention of the
senator from Missouri to the fact that
the senate finance committee, acting
upon the Payne-Aldrich bill in rela
" tlon to having .nly the majority
members of the finance committee
present, followed exactly the same
course as was taken in the considera
tion of the Wilson bill and also all
other democratic tariff bills.
Mr. Reed. Mr. President, if the
senator will pardon me one word
further because I want a specific
statement on this if I can get it
does the senator say that when the
Wilson bill was being considered by
the finance committee of the senate
hearings were held by he majority
members sitting alone and held in
secret, or does he mean merely to say
that, after having had their hearings,
public in their nature, then the ma
jority members met for the purpose
of arriving at a conclusion, the dis
tinction so that there can be no
misunderstanding being between a
committee holding public meetings
Mr. Warren. I hope this ancient
history may be boiled down as close
ly as possible as the hour is late.
The Presiding Officer (Mr. Curtis
in the chair) . Does the senator from
.Wyoming yield to the senator from
Missouri?
Mr. Warren. I yield for concrete
questions and answers.
Mr. Reed. I will endeavor to boil
it down so as to leave sufficient time
for any senator to represent his own
interest on this floor.
Mr. Warren. Mr. President, I do
not believe that the courtesy which
I have shown to the senator deserves
the discourtesy that the senator evi
dently intends for me.
Mr. Reed. Well, if the senator
does not desire to yield, I will de
sist and will occupy the floor in my
own right.
Mr. Warren. I had yielded to the
senator, and he is taking advantage
of that to be discourteous to me, and
I decline to yield further at tills time.
The Presiding Officer. The sena
tor from Wyoming declines to yield.
of tho English common law prece
dents. This same high court has not
been reluctant, on numerous occas
ions, to accept English decisions,
some of them centuries old, and
handed down at a time when the pro
tection of property meant the pro
tection of human rights endangered.
And tho court has used these prece
dents to sustain the claims of proper
ty in conflict with human rights and
the public good.
But when there was enacted in
this country a law, the undisputed
intent of which was to make into a
federal statute the English common
law respecting trade monopolies, Ik
supremo court failed continuously to
take cognizance of the uniform Una
of decisions applicable to this very
law, and extending over a period of
centuries.
No nation In the world han shown
such wisdom in tho enactment of
legislation governing commerce as
has Great Britain. The small area'
of the little British islands has made
tho very existence of England depond
upon tho utter absence of tho monop
olistic restraint of trade. Hence tho
common law respecting trade mo-
(Continued on Pago 1G.)
THE
IiA FOLIjETTE
BILL
ANTI-TRUST
This department Is for the benefit
of Commoner subscribers, and a special
rate of six cents a word per Insertion
the lowest rate has been made for
them. Address all communications to
The Commoner. Lincoln. Nebraska.
FOR SALE, by owner, 250 acres
, orange, pineapple and vegetable
land, C miles from railroad station;
five room residence, 400 bearing orange
trees, $6,500, divided $30 per acre;
easy payments. Address Box 26, Fort
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EARN good pay copying addresses;
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The most important measure in
troduced in the special session of the
Sixty-second congress, which ad
journed recently, is the La Folletto
bill for the further protection of
"trade and commerce against unlaw
ful restraints and monopolies," pre
sented in the senate.
Though the extra session of con
gress was called for the specific pur
pose of acting upon tariff legislation,
as embodied in the Canadian recipro
city agreement, and the greater part
of the session has been given over to
a discussion of that subject, the
measure likely in the future to be
come of more far-reaching impor
tance, than any tariff change is the
La Follette proposal to amend the
Sherman anti-trust law.
The supreme court decisions in the
Standard Oil and American Tobacco
company cases have left the twenty-year-old
anti-trust statute indefinite
and mystifying. It has taken twenty
years for the supreme court to define
the meaning of one of the best and
clearest statutes ever drawn. And
the meaning which the highest judi
cial tribunal in the land finally has
given to the anti-trust law leaves it
impotent as a criminal statute and in
a state of confusion worse con
founded. It does more. For, after finding
these two trusts to be unmitigated
criminals, the court so ruled that
they need not pay any penalty in the
way of imprisonment or pecuniary
restitution. '
Yet this act, now construed in a
manner that no one can tell with
certainty what is and what is not a
violation of the law, thereby making
nugatory every criminal phase of the
law, was the well-pondered work of
one of the ablest groups of constitu
tional lawyers and statesmen that
ever co-onerated in the framing of a
congressional act. It bears Sher
man's name. But the senate judici
ary committee who drafted the sub
stitute for the inadequate Sherman
plan in 1890 was composed of such
men as Edmunds, Evarts, Ingalls,
Hoar, Wilson, of Iowa; Coke, Vest,
George and Pugh.
Those wise statesmen framed the
statute to make what was then the
common law within the states of the
union applicable to interstate com
merce. Inasmuch as our common
law is Inherited in whole from Eng
land, it was the purpose of those
statesmen as is shown by an exami
nation of the debates at the time of
its passage that the long-established
and well-defined principles of
the English law, respecting the trust
question, would constitute the un
deviating guide -for the interpreta
tion of the Sherman anti-trust law
by the American courts.
Quite the most striking feature of
the supreme court's rulings in anti
trust cases during the succeeding
twenty years has been the ignoring
Warranted Per Twenty-Five Years.
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