Page:The Green Bag (1889–1914), Volume 20.pdf/768

 THE SHERMAN ANTI-TRUST LAW

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THE SHERMAN ANTI-TRUST LAW AND THE PROPOSED AMENDMENT THERETO BY CHARLES E. LITTLEFIELD THIS statute has been the subject of a bill in the Fifty-first Congress, on the 4th great deal of controversy and debate. day of December, 1889, it was referred to There seems to be a widespread differ the Finance committee, of which its author, ence of opinion as to its scope and purpose. Mr. Sherman, was chairman. It was re It has been persistently claimed and is now ported by that committee to the Senate claimed by the representatives of labor and after considerable debate and the organizations that the law was not originally introduction of quite a variety of amend ments, the following amendment on the intended to include within its scope organ izations of that character. 25th day of March, 1890, was introduced This claim is based in a very large degree, and adopted by the committee of the whole if not wholly, upon alleged understandings on the part of the Senate: or upon conversations between men who "Provided, that this act shall not be were more or less actively engaged in the construed to apply to any arrangements, construction of the legislation. Many of agreements or combinations between labor the persons who are directly referred to as ers, made with the view of lessening the giving individual opinions as to the scope number of hours of their labor or of and purpose of the act are now dead, and increasing their wages; nor to any arrange it is impossible to verify the accuracy of ments, agreements, associations or combina the recollection of those who rely upon tions among persons engaged in horticul that source as the basis for their opinions. ture or agriculture, made with a view of The legislative history of the act itself is, enhancing the price of their own agri I think, absolutely clear with reference to cultural or horticultural products." that question, and an examination of this The amendment was offered by Mr. history will demonstrate beyond all cavil Sherman. While it may be said that it that labor organizations were specifically was treated with reasonable seriousness, intended to be included within its provi the fact that it was specifically exempting sions. a certain class of people, as distinguished It ought to be said that the act was not from the great mass of people that the the result of hasty or ill-considered legis legislation was intended to operate upon, lation. It was debated more or less in is quite clear from the debate. At the very the last session of the Fiftieth Congress, time the amendment was pending it was and very much more extensively during suggested by Senator Blair that the bill the first session of the Fifty-first Congress. ought to exempt persons engaged in the The debate upon this question occupies in cod fisheries and in the manufacture of the neighborhood of 150 pages of the of boots and shoes. And so far as any Congressional Record, extending over this thing appears by way of argument there whole period of time. There are very few is just as much reason for the exemption acts of Congress that have received as much of those industries as there was for the careful and deliberate investigation and exemption of persons engaged in horti consideration as has the Sherman Anti- culture or agriculture. It was jocosely sug Trust law. gested by Mr. Platt of Connecticut, who Introduced into the Senate as the first was opposed to the legislation, that the