Antitrust Status of Farmer Cooperatives: - USDA Rural Development ...

ecame the law as enacted, omitted any reference to farmer
cooperatives.
The main argument against referral concerned the Judiciary
Committee’s apparent reputation as a graveyard for any legislation
perceived as anti-business. 45 The motion to refer contained a provision
requiring the committee to report it back within 20 days. The
committee beat the target, reporting out the new language in less than
a week. 46 The bill was brought up on the Senate floor less than
another week later and passed after a minimum of debate. 47
The Senate Judiciary Committee language was enacted into law,
but not before some additional controversy. In the House, S. 1 was
referred to the its Judiciary Committee and promptly reported
favorably for House consideration. 48
During House floor debate, an amendment was adopted declaring
two types of contracts illegal: (1) agreements to prevent competition
in the sale of any commodity transported from one State to be sold in
another State, and (2) agreements to prevent competition in the transportation
of persons or property from one State to another. But after
some haggling, the House instructed its conferees not to insist on the
amendment. 49
The conference report recommending adoption of the bill as
originally passed by the Senate was approved without debate in the
Senate 50 and minimal discussion in the House. 51 It was promptly
45 See, e. g., the comments of Senator Vance which begin, "I never have
a bill in which I feel any interest referred to this grand mausoleum of Senate
literature, the Judiciary Committee, without feeling that I have attended a
funeral." 21 Cong. Rec. 2610 (M arch 25, 1890).
46 21 Cong. Rec. 2901 (April 2, 1890).
47 21 Cong. Rec. 3145-3153 (Apr il 8, 1890).
48 21 Cong. Rec. 3857 (April 25, 1890).
49 21 Cong. Rec. 5981-5983 (June 12, 1890). A detailed list of citations
to the entire congressional consideration of S. 1 can be found in the "History
of Bills and Joint Resolutions: Senate Bills" in the Index to Volume 21 of the
Congressional Record, p. 1.
50 21 Cong. Rec. 6208 (June 18, 1890).
51 21 Cong. Rec. 6312-6314 (June 20, 1890).
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