American literature -- Periodicals; Literature -- Periodicals
Senator Edmunds' logic absolutely killed any attempt to place capital
and labor upon different footings, Instead of adopting this proposed
amendment, the Senate referred the whole question of trust legislation
to the Judiciary Committee, of which Senator Edmunds was chairman. Mr.
Edmunds and his colleagues threw into the waste basket all the pending
trust bills and their amendments and struck out on new lines. As a
consequence, Senator Edmunds became the chief author of the Sherman
Anti-Trust Law. His most active associates, were Senator Hoar and
Senator George. The one man who had practically nothing to do with the
statute as it stands to-day was Senator Sherman himself. He played
an important part in the preliminary discussion and in framing the
measures which served as a basis for this discussion; but the bill as
it was finally adopted by Congress bore little resemblance to his.
The amendment upon which he laid especial stress--that of exempting
laboring and agricultural organizations from the operation of the
Anti-trust Law--was absolutely ignored.
As finally adopted, the act did not prohibit labor unions per se or
combinations of labor unions formed to accomplish lawful ends; it
did, however, strike at certain labor union practices. That this was
the clear intention of the Senate is evident from a statement made by
Senator Edmunds in a newspaper interview as far back as 1892. "The
Sherman Law," said Mr. Edmunds, "is intended to cover and I think will
cover every form of combination that seeks in any way to interfere with
or restrain free competition, whether it be capital in the form of
trusts, combinations, railroad pools, or agreements, or labor through
the form of boycotting organizations that say a man shall not earn his
bread unless he joins this or that society. Both are wrong; both are
crimes and indictable under the Anti-trust Law."
_Unsuccessful Efforts to Destroy the Law_
For eighteen years the anti-trust statute has represented American
policy and American law in federal regulation of combinations in
restraint of trade. In that period the act has been repeatedly
assailed from many legal standpoints. It has been passed upon more
than two hundred and fifty times by the federal courts, and has been
considered fifty-five times by the United States Supreme Court. The
greatest constitutional lawyers of this generation--such men as
Edward J. Phelps, James C. Carter, John F. Dillon, and Francis Lynde
Stetson--have attempted to destroy it and have not succeeded. The
greatest railroads and corporations, on the one hand, and the largest
and most influential labor unions, on the other, have both failed in
their attempts to secure exemption from its operation.
[Illustration: JUDGE GEORGE GRAY OF DELAWARE, WHO, AS UNITED STATES
SENATOR, IN 1890, TOOK AN IMPORTANT PART IN FRAMING THE SHERMAN LAW]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account