American literature -- Periodicals; Literature -- Periodicals
passed judgment within this time, all these contracts and combinations
would automatically receive a certificate of good character. In their
interest, the Sherman Act would practically be repealed.
In the main, this provision referred to contracts made and combinations
to be formed in the future; another section practically extended
immunity to all contracts and combinations now in existence. Nearly
all trusts organized in the last forty years, and all restraining
agreements, were to become valid. The government was to have a year in
which to institute proceedings against such corporations as declined
to register. If it failed to do so within this time, then these
combinations could never be attacked on any ground whatever, and
became regularly fixed institutions. As there are about five hundred
corporations popularly known as trusts and myriads of trade agreements
now forbidden, the law department, it was suggested, would have its
hands full if it attempted to bring suit against them all within twelve
months. Moreover, after the passage of the proposed act, the government
could not proceed against any combination except on one ground--that
it was an unreasonable restraint of trade. Under the Sherman Act, it
will be remembered, it can prosecute without any reference to the
question as to whether the restraint is reasonable or not. If the act
had passed, in other words, the position of the government would have
been this: within a year it could have assailed the trusts only on
the grounds of unreasonableness; after the expiration of a year it
could assail them on no ground whatever. A saving clause, however,
provided that the government could prosecute all actions already
begun. That is, it could follow up to the end the pending cases against
the Standard Oil, the American Tobacco Company and other corporations
against which it has already started suit. It could not prosecute,
however, the United States Steel Corporation, for it has instituted no
proceeding in that direction. It was the Attorney of the United States
Steel Corporation, Mr. Francis Lynde Stetson, who had a large hand in
framing the bill.
Public-domain text, read in full here on John Shaqi.
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