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SPEECH OF

HON. ROBERT L. OWEN
OF OKLAHOMA

IN THE

SENATE OF THE UNITED STATES

JUNE 9, 1910

OPPOSING THE PROSECUTION UNDER
THE ANTITRUST LAWS OF LABORING
MEN WHO ORGANIZE TO BETTER THE
CONDITIONS OF LABOR

9

WASHINGTON
1910
5 052 7-9 304




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SPEECH
OF

I IOX. E O B E E T L. O WE N .
The Senate being in Committee of the Whole and haying under con­
sideration the bill (H. R. 25552) making appropriations for sundry
civil expenses of the Government for the fiscal year ending June 30,
1911, and for other purposes—

Mr. OWEN said:
Mr. P r e s i d e n t : I desire to express my regret that the com­
mittee should have struck out the proviso of the House bill
which provided that the appropriation of $2 0 0 , 0 0 0 should not be
used in prosecuting labor organizations under the antitrust
laws. The House proviso reads:
That no part of this money shall be spent in the prosecution of any
organization or individual for entering into any combination or agree­
ment having in view the increasing of wages, shortening of hours or
bettering the condition of labor or for any act done in furtherance
thereof not in itself unlawful.

That does seem to me to be the description of a most inno­
cent form of organization, and surely such organizations or
their legitimate objects could not be within the purpose of the
statute of the United States to forbid the formation of great
trust organizations to monopolize trade in this country. The
antitrust law is intended to prevent great combinations of
capital from depriving men of their just rights.
It is true that the labor organizations which have been built
up in this country have in some cases been improvident in some
of their actions; but they have been in a large measure excited
to such efforts in order to protect themselves and obtain a suffi­
cient amount of the proceeds of their own labor to provide the
needs of their families. These are organizations of poor men,
men who work by the day, who earn their daily bread with
their hands. The purpose of the antitrust law was not to sup­
press organizations of that kind.
I can not help thinking of the American Tobacco Company
and the effect upon the people down in the tobacco-raising
country. The tobacco trust, having by monopoly become the
sole buyer of tobacco, fixes the price below the cost of produc-




2

50527— 9304

3
tion, and has driven the poor farmers who raise tobacco to
desperation, and even to criminal acts, in their blind efforts to
make a living. The ordinary laws which operate to suppress
criminal acts are in full operation and will punish the poor
oppressed farmers. If they burn a barn they are guilty of
arson. If they commit a crime through their Night Eiders’
organization they violate the ordinary criminal laws, and there
is abundant punishment for the criminal act.
But the antitrust laws were not intended to suppress labor,
but are necessary and were intended to protect the laborer and
the consumer from a conspiracy to defraud them. They were
intended to prevent labor and the consumers from being op­
pressed.
This proviso passed by the House of Representatives is cer­
tainly a most reasonable interpretation of what the law ought
to be and a direction to the Executive not to use the appro­
priation to prosecute labor organizations for combining to in­
crease wages, and so forth. If they commit any act that is
unlawful, there is abundant means of punishment; but to
prevent the laboring men of the country from organizing for
the protection of themselves and their families in earning a
reasonable livelihood, to combine to increase wages, to shorten
hours of labor, to better their condition; and to break up those
organizations by treating them in the same way as the law
treats a great conspiracy of organized capital against which
the antitrust laws were directed, I think is unfair and unjust.
I do hope that the committee will not insist upon striking
out these words inserted by the House. I think they ought to
be allowed to remain, and I hope they will remain.
The huge organizations of capital in restraint of trade,
raising prices on the necessities of life and imposing on the
people for the mere sake of ambition, greed, or cold and cruel
avarice, needs restraint both on moral, ethical, and legal
grounds.
Organization of laboring men to protect women and children
from starvation, from exposure, sickness, and death, are justi­
fied on every standpoint and should be encouraged.
The antitrust laws were not intended to be used against
labor so protecting itself; and if they were, you now have an
opportunity the Republican party should gladly seize, to correct
and amend such laws in the interest of labor if the Repub­
licans really and truly are the friends of labor.
I fear, Mr. President, that organized capital, which con­
tributes money to keep the Republican party in power, will
50527— 9304




4
control the vote o f the Senate against the poor laboring
ganizations. I pray you not to vote against labor.
*

*

*

*

The result was announced-—yeas

*

*

34, nays 16 , as

*

follow s:

Y E A S— 34.
Borah
Bourne
Brandegee
Bristow
Brown
Bulkeley
Burnham
Burrows
Burton

Carter
Clapp
Clark, Wyo.
Crane
Crawford
Cullom
Dick
Dixon
du Pont

Bacon
Burkett
Chamberlain
Dolliver

Fletcher
Frazier
Gore
Jones

Aldrich
Bailey
Bankhead
Beveridge
Bradley
Briggs,
Clarke, Ark.
Clay
Culberson
Cummins
Curtis

Daniel
Davis
Depew
Dillingham
Elkins
Foster
Guggenheim
Hughes
Johnston
La Follette
Lodge

Flint
Frye
Gallinger
Gamble
Hale
Heyburn
Kean
McEnery
Nelson

Oliver
Perkins
Smoot
Stephenson
Stone
Warren
Wetmore

NAYS— 16.

NOT




Martin
Newlands
Owen
Page

Percy
Simmons
Smith, S. C.
Warner

VOTING— 42.
Lorimer
McCumber
Money
Nixon
Overman
Paynter
Penrose
Piles
Purcell
Rayner
Richardson

So the amendment was agreed to.
D0527— 9304

O

Root
Scott
Shively
Smith, Md.
Smith, Mich.
Sutherland
Taliaferro
Taylor
Tillman