The times., 1897-04-11
THE TRANSIT -M|SSOUR|CASE
A Lawyer Comments On the Su-
preme Courts Decision.
QUESTIONS ITS CORRECTNESS
He Says the Antitrust Law Is an
Arbitrary, Socialistic, and Uncon-
stitutionaI Measure Which Has
Caused Dismay and Panic in the
Business World.

New York, April 10.-Wmiam D. Guthrie,
one Of the leaders OF the New York bar
and q constitutional lawyer Of wide re
pute, has set forth his views at length
Supreme Court, and his conclusion is that
the antitrust law, under which the Trans
Missouri Association is held to be liable,
is unconstitutional. He deduces the fol-
lowing as the probable outcome of the
decision:
signs are not wanting that further en-
croachuents upon individual liberty Will
be attempted. From arbitrary and social
istic measures in any State, there is escape
into another and more conservative state,
but, from destructive Federal legislation,
there is no refuge, except expatriation.
a policy SO ininliCal TO social progress and
commerce may drive capital into Canada,
whose railroads now compete ruinously
with our own"
He also SAYS: Americans living under
Republican form Of constitutional govern
ment, with supposed inalienable rights
and the broadcast privileges of individual
liberty, are placed by the trust act under
the ban of illegality and made criminals
for doing that which is lawful within
their own States and anywhere else in the
civilized communities of the world. 1t
is, erefore, not surprising that the
realization of the intended scope and legal
effect OF this act should have caused dis
may and panic in the commercial world
and have created profound miSgivingS as
to the future. The business interests Of
the country and all concerned in com
mercial enterprises and investments must
realize that If the. principle of this act be
extended there viii be no protection except
what may be found in the discretion or
moderation-if not the whim or Caprices-
of the ever-changing legislative majority,
and that will be an uncomfortable condition
in a society processing to exist under q
fixed and enduring constitutional govern
ment The apprehension as to the dang er of
despotio and prejudicial legislation by Con-
gress is not groundless.
AS is well stated in famous case by
Judge Earl of the New York court of
appeals
Theories or notions of public policy
cannot limit our constitutional lights.
Ne DOuCS OI Oltt SeHetddOh sek-
dom remains that of its successor, ana the
prevailing opinion of one section CT the
country frequently radically opposed to
that of another. Fundamental rights are
not to be regulated by public policy. The
pretense of public policy is ever the cloak
or mask of politicians competing for the
unthinking vote. 1t is the deadly weapon
of socialism and communism. The very Cb-
ject Of constitutional restrictions is TO
establish rules which cannot be varied &C
cording to the passion or caprice Of a
majority, or the public policy of the four,
but to fix an immutab1e standard ap-
plicable under all circumstances When
the constitution speaks it's voice must be
needed, though clashing with the views
OF wishes Of the temporary majority, Nor
can we protest too strongly against the
invasion of the birthrights of Americans
on any pretense Of public policy 'If not
checked the worst forms of socialism will
breed under the superstition now rampant
that legislation is a sovereign cureall for
social Ills"