American literature -- Periodicals; Literature -- Periodicals
These facts have led many observers to believe that the bill in
question represented an underhanded attempt, by large corporations,
especially the United States Steel, practically to remove the
Sherman Anti-trust Law from the statute book. Mr. E. H. Gary and
Mr. George W. Perkins spent many days in Congress while the bill
was under discussion, though they did not once openly appear before
the committee. No criticism affecting the good faith of Mr. Low and
Professor Jenks, the most active open advocates of the bill, was
put forth. The discussion disclosed the fact, however, that the
Sherman Act, as it stands at present, has many friends. Organizations
interested in curbing the unlawful activities of labor unions insisted
that that law, as interpreted by the Supreme Court, is practically
the only protection American industry has against the boycott. Repeal
or seriously modify it, they declared, and a régime of labor union
terrorism far surpassing any hitherto known in any country, would
at once begin. The plan of Mr. Gompers and his associates to shelve
this law, they insisted, was merely part of their general scheme to
remove all legal restraints from the operations of labor unions.
Opinions did not seem quite so unanimous as to the wisdom of the
Sherman Act in its bearings upon corporations. Though many declared
that this measure is too sweeping and drastic, and should be amended,
no one has yet suggested any practical way of framing a new law. No
one who has studied the problem of trust regulation, it is believed,
has thus far hit upon a plan that, while it gives greater leeway to
the corporations, protects the public from arbitrarily high prices
and other exactions. There is thus a growing conviction that the act
passed by the great constitutional lawyers of 1890 represents the best
attainable result in this direction. It has not stopped the growth of
trusts, it is true; but whether that is because it does not furnish the
means or because it has not been sufficiently enforced, is the disputed
question. "What is needed," recently said ex-Senator Edmunds, the
man who was the real author of the Sherman Act, "is not so much more
legislation as competent and earnest administration of the laws that
exist."
[J] In the Debs case the Circuit Court based its decision almost
entirely upon the Sherman Law. The Supreme Court of the United
States, in affirming this decision, rested mainly on the broader
question of the interference with the United States mails. Justice
Brewer, however, who wrote the decision, specifically said that
this fact did not mean that the Supreme Court dissented from the
grounds on which the lower tribunal had decided the case.
Public-domain text, read in full here on John Shaqi.
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