GOVERNMENT, BUSINESS, AND LABOR IN THE PROGRESSIVE ERA
1901: Formation of U.S. Steel Corp. and Northern Securities Corp.
1902: President Theodore Roosevelt goes on a public speaking tour, caling for stronger regulations upon trusts
1902: Anthracite coal strike mediated by President Roosevelt.
1903: EXPEDITION ACT. Upon the request of the Attorney General, Federal anti-trust suits could be given priority upon the court dockets.
1903: Department of Commerce and Labor established, empowered to investigate, report upon, and keep records on the operations of corporations engaged in interstate commerce.
1903: ELKINS ACT
a. Defined discriminatory measures between shippers
b. Outlawed rebates
c. Prohibited railroads from charging fees different from those published.
d. Federal courts authorized to issue injunctions against violators
1904: NORTHERN SECURITIES CO. VS. U.S.
a. Determined that the formation of the Northern Securities Co. monopolized railroading in the Northwest, and thus was in violation of the Sherman Anti-trust Act.
b. Decided against "rule of reason," holding that any combination in restraint of trade, whether reasonable or unreasonable, was in violation of the act.
c. Ordered the dissolution of Northern Securities Co.
1905: SWIFT & CO. VS. U.S.
a. Upheld the government's anti-trust suit against the "Beef Trust"
b. Used "Stream of Commerce" concept, by which certain local business agreements are regarded as parts of interstate commerce, and thus subject to federal regulation.
1905; LOCHNER VS. NEW YORK Struck down a New York maximum-hours law as an unreasonable infringement on the right of workers freely to make contracts, and as an excessive use of the state's police powers.
1906: HEPBURN ACT
a. increased the size of the Interstate Commerce Commission from five to seven members.
b. Gave ICC authority to fix "just and reasonable" railroad rates.
c. Gave ICC authority to prescribe uniform methods of accounting, so railroads could not mask their earnings with accounting tricks.
d. ICC's jurisdiction broadened to include express companies, sleeping-car companies, oil pipelines, ferries, terminal facilities, and bridges.
e. ICC orders now were made binding when issued. A courtappeal might reverse them, but no longer would the commission have to wait for a court to rule before putting regulations into effect. (NOTE:) This requires the carrier to sue, if it has a grievance, thus placing the burden of proof upon the carrier, rather than on the commission.)
f. Restricted the granting of free passes.
g. Prohibited railroads from carrying any commodities produced by themselves or by companies in which they held an interest. (Timber and other products necessary to the operation of railways was excepted.) Note that this forced railroads to place under separate management companies producing items which might be carried by rail, such as mines,factories, etc.)
1906: PURE FOOD AND DRUG ACT Forbade the manufacture, sale, or transportation of adulterated or fraudulently-labeled foods and drugs sold in interstate commerce.
1906: MEAT INSPECTION ACT
a. Provided for enforcement of sanitary regulations in packing houses.
b. Provided for federal inspection of all companies selling meat in interstate commerce.
1908: ADAIR VS. U.S.
a. Invalidated 1898 Erdman Act, which had prohibited railroads engaged in interstate commerce from requiring as a condition of employment an agreement by workers not to join a union ("Yellow-dog Contract.")
b. Declared that the Erdman Act conflicted with the Fifth Amendment's protection of the freedom of contract and property rights.
c. Declared that union membership was not a subject of interstate commerce.
1908: Lowe vs. Lawler. Declared that a secondary boycott by a labor union was a conspiracy in restraint of trade, and so was outlawed by the Sherman Anti-trust Act.
1908: MULLER VS OREGON.
a. Upheld an Oregon law limiting the maximum number of hours a woman could work.
b. Denied that the Oregon law impaired women's liberty of contract.
c. The "BRANDEIS BRIEF."
1910: MANN-ELKINS ACT.
a. Telephone, telegraph, cable, and wireless companies placed under the jurisdiction of the Interstate Commerce Commission.
b. Interstate Commerce Commission authorized to suspend rate changes pending a court decision.
c. Effective enforcement of ban on long haul / short haul rate differentials provided.
d. Created Federal Court of Commerce to pass upon appeals from rate disputes.
1911: STANDARD OIL CO. OF NEW JERSEY ET AL. VS. U.S.
a. Upheld government's order that Standard Oil be broken up.
b. Accepted "rule of reason," but claimed that Standard was an unreasonable monopoly.
1913: Minnesota rate caes. Upheld the setting of interstate railroad rates by a state railway regulating commission, stating that a state might act in areas where there was no conflict with Federal law.
1914: FEDERAL TRADE COMMISSION ACT.
a. Established the Federal Trade Commission to prevent unfair methods of competition in interstate commerce.
b. FTC authorized to investigate trade-related activities of persons or coproprations, and to keep and publish records of findings.
c. FTC authorized to issue cease-and-desist orders (subject to review of the Federal courts) to prevent unfair business practicies.
d. Outlawed, among other things, mislabeling and adulteration of commodities, price fixing, and false claims.
1914: CLAYTON ANTI-TRUST ACT.
a. Prohibited the following:
1) price discriminations which tended to create monopoly
2) contracts based on the condition that purchasers would not buy or handle the products of the seller's competitors
3) interlocking directorates in corporations worth $1 million or more
b. Officials of corporations violating anti-trust statutes could be held individually responsible for corporate activites.
c. Specified that "the labor of a human being is not a commodity or article of commerce; nothing contained in the anti-trust laws shall be construed to forbid the existence and operation of labor, agricultural, and horticultural organizations...nor shall such organizations or the members thereof be held or construed to be illegal combinations in restraint of trade under the anti-trust laws."
1916: ADAMSON ACT. Declared that eight hours would be considered a full day's work on railroads involved in interstate commerce, and required that time-and-a-half be paid for all overtime work.
1916: KEATING-OWENS ACT. Barred from interstate commerce any product made by child labor.
1917: Wilson vs. New. Upheld the Adamson Act.
1918: HAMMER VS. DAGENHART. Declared the Keating-Owens Act unconstitutional b. Said Congress had no right to regulate labor conditions, and that the Keating-Owens Act was really more concerned with labor than with interstate commerce.
1919: Federal Child Labor Law. Levied prohibitive taxes on products of child labor in interstate commerce.
1922: BAILEY VS. DREXEL FURNITURE CO. Struck down the 1919 Federal Child Labor Law.