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Updated: June 9, 2025
It is unfair to the people, both as to questions of constitutionality and of interpretation. A statute can be so drawn as to need no interpretation, or none the outcome of which can be a matter of doubt to any competent lawyer. A legislature abandons its function when it enacts what it does not understand. The Sherman Anti-Trust Act is an instance of legislation of this character.
During two generations, the people of the United States had been passing anti-trust laws and anti-pooling laws, the aim of which was to prevent the business men of the country from getting together. The war crisis not only brought them together, but when they did assemble, it placed the whole political and economic power of the nation in their hands.
The Clayton Act starts with the declaration that "The labor of a human being is not a commodity or article of commerce" and specifies that labor organizations shall not be construed as illegal combinations or conspiracies in restraint of trade under Federal anti-trust laws.
It has exemplified the old adage of the convention of the mice to discuss the advisability of putting a bell on the cat. All agreed that it would be for the good of micedom; yet no mouse had a feasible method to advance for affixing the bell. The papers in every city tell of the failure of the Anti-Trust conference to agree upon a plan of action.
Despite his numbers and his organizations, despite his frequent efforts, through anti-trust laws, railway control laws, banking reform laws, and the like, he has little voice in determining important economic policies. The small savings bank depositor or the holder of an ordinary insurance policy is a negative rather than a positive factor in economic control.
They dubbed him, "Frick's man," and predicted that the Department of Justice would be turned into a Wall Street anteroom for the convenience of the capitalistic combinations then flouting the Sherman anti-trust law. The charges, of course, were as wide of the mark as most of the ebullitions of the yellow journals. Mr.
It is therefore a question not only of the large corporation, but of the powers of the States over each other's corporations and of the Federal government over all. Until the Northern Securities case, it was probably supposed that a corporation, being an individual, could not be guilty of a criminal conspiracy, and consequently could not in itself offend against the anti-trust acts.
We are still enforcing remedies of that kind in our anti-trust laws, only instead of having him forfeit the surplus to the crown we usually have him pay damages, sometimes treble damages to the persons injured. In the Beef Trust case, the parties were duly convicted, and instead of being imprisoned, they were fined $25,000.
It has provided for the expediting of suits for the enforcement of the Federal anti-trust law; and by another law it has secured equal treatment to all producers in the transportation of their goods, thus taking a long stride forward in making effective the work of the Interstate Commerce Commission.
In 1900 only eight votes were recorded in the House against a bill exempting labor unions from the Sherman Anti-Trust Act; it failed, however, of passage in the Senate. In 1902 an anti-injunction bill championed by the American Federation of Labor passed the House of Representatives. That was the last time, however, for many years to come when such a bill was even reported out of committee.
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