The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-01-22
SUGAR TRUST VICTORIOUS
ahe Supreme Court Decides Ad-
verseIy to the Government.
SHERMAN ANTITRUST LAW.
The Case OF the United States VS..
<. c. Knight & Co. Decision
by Chief Justice Fuller, Jus
tice Harlan Dissenting
The Decision.
BY Southern Associated Press.

important case of the United States
IS. Il. q. Knight Company ct al,
appealed from the Court Of Appeals
sor the Third Circuit, involving the
ronstitntlonality ahd validity OF the
sherman antitrust law III respect
OF the operations of the sugar trust,
was decided in the Supreme Court
OF the United States TO day ad-
verselY to the contentious of the
Government.
The suit was begun in the Circnit
Court of the Eastern District of
Pennsylvania and was brought, in
brief, TO compel the defendant com
pnnies-thc American Sugar ReGn-
ing Company, the f.. g. Knight
Company, the Franklin Sugar Com
pany, the Spreckels Sugar refining
Sugar House Il to cancel the
contracts by which the stocks of
'he last fonr named corpora
lions were sold TO the American
company, through John f.. Searlea,
Jr., III exchange ior American Com
pany stock, and that the stocks bn
returned 10 them on the ground
'nat the transaction was III violation
OF the act uf july >, 1890, and that
1t affected combination IN restraint
cf interstate commerce.
The Clrcuit Court dismissed tho
hill and the Court OF Appeals al
TrmoI that decision. Thcreupon
Tho United States prosecuted Its ap-
peal to the Supreme Court OF the
United States. Chief Justice Fuller
announced the opinion and decision.
After discussing the legal meaning
and elect Of the term monopoly"
lhe opinion proceeded:
The fundamental question is
whether, conceding that the exist
ence OF a monopoly IN manufacture
Is established by the evidence, that
nonopoly can be directly suppressed
onder the act of Congress in the
mode attempted by this bill.
"Ihe Constitution does not pro
vide" the Chief Justice said, that
Interstate Commerce shall be free,
but by the grant OF this exclusive
power TO regulate it, it was left free
except as Congress might impose re.
atraints. Therefore, 1t has been de-
termlned that tho failure of Con-
&resa to exercise this exclusive
power III any case IL al expression
OF Its VIII that the subject shall be
free from restrictions or impositions
npon 1t by the several Statee, and If
+" law passed by State III the
exercise OF It's acknowledged powers
comes INTO conflict with that VIII.
the Congress and the State cannot
occupy the position OF equal oppos-
;ng soverelgnties, because the Con.
etituilon declares its supremacy aud
that OF the laws passed IN pursuance
thereof, and thnt which IS not su
preme must yield TO that which is
supreme.
There was nothing in the proofs
20 indicate any intention to put Il
restraint upon trade or commerce,
ana the tact, rs we have seen, that
trade or commerce might be iudi
Fectly affected was not enough TO
enutle comp!alnants to decroe.
1.-The subject matter of the sale was
ehNres Of manufacturing stock. and
the relief sought was the surrender
of property which had already
passed and the suppression of the
Hiieged monopoly Ill manufacture
ny the restoration of the sta
'H9 tHO uelOFc inc transfers.,
yet the act of Congress only
authorized the Circuit Courts
TO proceed by way OF prevent ng aud
restraining violations OF the
Get IN respect of contracts, combiuo.
Nons or conspirncies III restraint of
anter state or international trade or
commerce. Tho Circuit Court de.
clined, upon tho pleadings and
proofs, to grant the relief PRAYED
end dismissed the cnse, aud we are
OF opinion that the Circuit Court OF
Appeals did not err IN affirming that
decree. The decree is affirmed"
The dissent of Mr.. Justice Harlan
ves vigorous argument, devoted
20 the support OF two propositions:
1Irst, That the sugar trust was a
combination III restraint of inter.
state commerce and therefore un-
unlawful, and. second, that the Ma.
honai government alone 7as suni.
clcntiy powerful TO successfully cope
With such organization.
MIR. John Pitt, merchant tailor
tit 25O2 Broad street, Richmond
"a, and prominent Mason. il one
OF The warmcst advocates of the u.a
pt 2ur"tol III tho State of Virrinia.
lie has tried it OF eczema.
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