Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-22
TRUST is A WINNER.
Sherman Law Fails in the Su.
preme Court.
HARLAN THE ONLY ONE DISSENTING

Chief Justice Fuller Reads m Opinion De-
elaripg That the Sugar Trust Does Not
Come Within the Provisions Of the
Statute-Oaney Not sanguine Of Success
in Eighth. Any Trust Uader the Act
| senate Has Another Hawaii Talk.
WASHINGTON, Jan. 22-The sugar trust
wins out in its fight with the Sherman
antitrust Law, the supreme court having
decided that the law does not cover the
case. Attorney General Olney declined to
express an OPT Mon on the decision until
after he had read the whole opinion. tits
known, however, that Olney has never
had any faith in the ability of the govern
ment to enforce the Sherman antitrust
act against the sugar trust; therefore the
decision against the government was
no surprise to him. 1t is also believed
that he is equally skeptical of success
against the tobacco trust or any Of the or
CARNATIONS with the possible exception Of
the railroads.
Fundamental Question Involved.
In his opinion Chief Justice Fuller said
that the fundamental question involved
is whether, conceding that the existence
of n monopoly in manufacture is estab-
lished by the evidence, that monopoly can
be directly suppressed under the act Of
congress in the mode attempted. He says
the supreme court has uniformly held
that under the constitution the relief of
the citizens of each state from the burden
of monopoly and the evils resulting from
the restraint of trade was for the states to
deal with when confined to the limits of
any of the states. Hence it becomes a
position in the present instance whether
there has been an interference with inter-
state or foreign commerce.
Commerce Not Part of MANUFACTURES.
The opinion then asserts that while
commerce succeeds to manufacture it is
not a part of it, and says that while the
exercise of the power to control the manu-
facture of an article may result in bring
ing the operation of commerce into play
it does not control the commerce in that
article and really affects it only incident
ally and indirectly. 1t is laid down that
1.-THE fact that an article is manufactured
for export to another state does not of it
self make it an article Of interstate COM
merce, and the interest of the manufac-
turer does not determine the time when
the article passes from the control Of the
state and belongs to commerce.
Some Things Congress Did Not DO.
Further on the opinion says: st was in
the light Of well settled principles that the
act of July ., 1890. was framed. Congress
did not attempt thereby to assert the
power to deal with monopoly directly as
such, or to limit or restrict the rights of
corporations created by states. or the citi-
Zens of states, in the acquisition, control,
or disposition of property; or to regulate
! -,
such property or the products thereof
should be sold; or to make criminal the
acts of persons in the acquisition and con-
troll of property, which the states of their
residence sanctioned or permitted"
Hole Where the Trust slips Through.
1t says that while it is clear that the
combination was made for the purpose Of
gain this was not to be accomplished
through the control of interstate COM
merce, and 1.-THE act Of congress only au-
thorized the circuit courts to proceed by
way of preventing and restraining viola
tons of the act in respect of contracts,
combinations and conspiracies in restraint
of interstate or international trade or
commerce"
Harlan Dissents from His Brethren.
Justice Harlan, in his dissenting opin-
ion, said that as the supreme court had
heretofore held that interstate commerce
meant more than mere traffic between the
states and included the buying and selling
of commodities, and in view of the fact
that the court of appeals had stated that
the object of the combination of the sugar
companies was not only for the control of
the manufacture of sugar but also for-its
sale, he thought the case was one which
came within the scope Of interstate COM
merce and was amenable to congress
sional action.
FAIRLY REvELING IN HAWAII.