American literature -- Periodicals; Literature -- Periodicals
States' in the sense in which these words are used in the act, and the
action can be maintained accordingly." An interesting feature of the
case is that the decision of the Supreme Court was unanimous. In nearly
all the other proceedings involving the Sherman Law--the Trans-Missouri
case, the Northern Securities--the government has won by a bare
majority; every member of the Supreme bench, however, at once concluded
that Mr. Gompers' activities against the firm of D. L. Loewe & Co.
restrained inter-State trade, and thus violated the Sherman Law.
Thus, in eighteen years, the Sherman Act has proved an effective weapon
against the two forms of trust and conspiracy with which the public
is most familiar--combinations of capitalists to restrain inter-State
trade and arbitrarily fix prices, and combinations of labor unions
organized for the prosecution of inter-State boycotts. It strikes
impartially the Northern Securities Company and the American Federation
of Labor; it does not discriminate between the activities of Mr. J.
Pierpont Morgan and of Mr. Samuel Gompers. At the last session of
Congress, the two forces which it opposes bent all their energies to
destroy this law; in all probability they will renew and redouble their
efforts this winter.
_National Civic Federation Attempts to Amend the Law_
For many years the National Civic Federation has been collecting data
bearing upon the trust and labor problem. In 1899 it held a trust
conference; and again, in October, 1907, it called a large meeting
at Chicago for the consideration of the trust situation. Delegates
appointed by the governors of forty-two States and representatives of
more than ninety commercial, agricultural, and labor organizations
contributed to these discussions. Referring to these Chicago
proceedings, Mr. Theodore Marburg, one of the participants, said
before the Judiciary Committee in Washington last winter: "Mr. Nicholas
Murray Butler sounded the note of attack upon the Sherman Anti-trust
Law.... I take it that the gentlemen will agree with me that it was
a dominant note of that conference." As a result, a bill radically
amending the Sherman Anti-trust Act was introduced in Congress at the
last session. Its most active sponsors in Washington were Seth Low,
president of the National Civic Federation, Professor Jeremiah W. Jenks
of Cornell, and Samuel Gompers, president of the Federation of Labor.
Well-known men who had participated in the conference that preceded
the framing of the bill were E. H. Gary, chairman of the Board of the
United States Steel Corporation, Henry L. Higginson, Isaac N. Seligman,
and James Speyer and August Belmont, bankers. Francis Lynde Stetson,
chief counsel for the United States Steel Corporation and other Morgan
corporations, and Victor Morawetz, counsel for the Santa Fé Railroad,
wrote the drafts. This latter fact was publicly stated by Mr. Low and
Mr. Jenks in the course of the hearings before the Judiciary Committee.
Public-domain text, read in full here on John Shaqi.
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