American literature -- Periodicals; Literature -- Periodicals
The statute that outlaws these combinations of both capital and labor
is the famous Sherman Anti-trust Law. It is one of the briefest, most
pointed, and most comprehensive measures ever passed by Congress. It
contains only about seven hundred words and would fill less than a page
of this magazine. In its first three lines, without any modifications
or circumlocutions, it declares illegal "every contract, combination in
the form of trust or otherwise, or conspiracy, in restraint of trade or
commerce among the several States or with foreign nations." The next
few lines provide the punishment, cited above, for breaking the law.
The Sherman Act does not say that "some combinations" are illegal and
criminal, but that "every" one is. It does not provide that certain
offenders may be punished, but that "every" one "shall be." It leaves
absolutely no discretion to prosecuting officers or to the courts.
Within its comprehensive folds are gathered, on the one hand, the most
commanding captains of industry and the greatest railroad magnates;
and, on the other, the most insignificant puddlers in their furnaces
and stokers on their trains.
The Sherman Act has thus established a community of interest between
labor and capital which has had important practical results. Both
capital and labor are openly evading the law. Both have many times been
haled into court, convicted of infringing this statute, and enjoined
from continuing in their illegal combinations. Both consequently find
it an irksome impediment to their present plans and ambitions. In their
active opposition to the law the two previously warring elements now
meet on common ground.
The platform of the Republican party calls for amendments which, to
all practical purposes, will seriously weaken the law, so far as its
application to corporate combinations is concerned. The Democratic
platform demands such changes as will exempt labor unions from its
operation,--which is virtually the same thing as demanding the
legalization of the boycott. At the last session of Congress the
spectacle was presented of important labor unions and great corporation
lawyers working hand in hand to this common end. Though this agitation
failed for the time being, it may safely be asserted that the repeal
or modification of the Sherman Act will continue to be a fixed article
of the policy both of large aggregations of wealth and of large
aggregations of labor. This fact makes important a study of its history
and of its practical effects upon corporate and labor organizations.
_The Sherman Law Not Rushed Through Congress_
Public-domain text, read in full here on John Shaqi.
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