New-York tribune., 1902-10-15

serious problems which confront rs m respect 70
d human riFbts snd huinan as rovernnler have
DSn - - Ptoaoel2 2 pre-, '.,,aTri1r, i,
civilized peoples.
ARBITRARY REGULATIONS UNWlsE
The extent 70 which legislative cont-ol oyer o9H-
: o,,sstior for iaeisI-,+,.o ,'is7,- We have the
sxperience q the other astions guide us ]. a.
rules of trade car De interferea with by roslGEe
s,aIqb'ts NC ~ Ethou. i i,!ory Ihat sEperst ytb me
preservation OF essential rights should exist 49,. 49,
are susiy fo9pd 10 IA1s e S5I,ss 5g5gsin 1ee
Primarily IL is for the Congress 70 decide whe,nst
il win execute it-What chsracter of restraints.
and injurious shall fail under the ban. whether
legislation in the first instance should extend 10 az
when TIE English speaking people permitted the
srtices Necessary for their snisience 10 be monopo
!lzea or cGntTe.ed ana an devices 20 ms I1al Tie
great English judges pronounced that such mani
fesiatiofs ot human ayarioe REQUIRED no slal-5T is
esainst common law-that is against common
u is dfhout TO improve Upon the great unwritten
code known as the common law Under us SaLu.,is -
pe have attained their wealth and power. i con
cemns monopoly. and contracts in restraint ol ts9 80
straints that reasonable in view ~ all The cir
ouTnstsnoes ana those which are unreasonable IS
recognized and has been followed in this country
This distinction makes rule that may he rraesu-
ssliy apnea sRd gTeseTyss the ra'o9ss 1 H s5lJ
tNeen unfesTainea commerce ana the
a PROPER Law
a Law regulating interstate commerce for us pro,
Ieon sE 5s 5ts' Issl' 50 pTGaS SS er 10 srec
ments which are IN any way or 70 any extern extern ~ ~
small concerns conducting Industries in one state
from marketing their products in others bur iaM
restraint OF trade as defined by the common law
G9ulG tNc[e 81 tlilI III 's,s ~ s.t me
$ ieme of Jhat law. In the enforcement oL slch
~ ~ t5 5 -, % ,be i s,r -.T oi Crt ~ ,he Irlted
States. that Is. public welfare IS first considered,
ard u Il he not involved and the restraint u..Ln
or6er p8rtv = REQUIRES, The Contract NAV h. sas
tanned. The question is whether. under ne Ials
ne particular eontrse, involved IN IT, the contract
1t me give YOU an illustration showing The iif-
ference between reasonable and unreaSohtoie a.
The case of a sale OF a business and its good vii
is good illustration. Here restricted covenant
upon the part of the vendor not engage n com
petition n a similar business is often the NAN
is % course restraint of trade. and interferes
with competition Bpt 70 make contract s..a -
this illegal Is not only restrictive Of he l5.TJy -
,1t s euI nrocs o cone one G 3 Pr5erty
capable Of being appraised, bought and sold i.
repTss%.a5s % a. tae sTsse' " r., , i o-r
n-.' la, snSt,s =, a, ~, - ~ ,,s5 --~
valuable than the buildings ana machinery that
sach a contact has been held reasonable and
valid
AN UNREAsoNABIE AGREEMENT
New. as 70 an unreasonable agreemen,, lst M
Re srpreT5e l',,-5 court. n
In Morris Run Coal Company agt Barclay c9sl ,9sl
the principal question was as 70 the validity of 9
PernsTlvsria- bv which thew divided between
themselves two coal regions of which they had
those companies acquired under their aIranFerent
the power 70 control the entire markst for bitumi
their combination was. therefore. restraint upon
Suggestion that he real purpose Of III combine
tion was 20 lessen expenses 70 advance the quality
q coal ena 70 deliver II in the markets intended
The supreme Court Of Pennsylvania said:
70 Us y Is II inmstsrisl whether these positions are
GOES not follow that these ADVANTAGES redeem the
contract from the obnoxious effects strikingly
| thar these companies control this Immense coal
neld; thar Il Is the great source Of supply OF
large territories westward that by this contract
a Iheg eonG9l Ine price of coal IN this extensive
Isno y ieLt 70 ne natural laws of trade. that 81
use thar It's operation Is general IL this Iarge
.S5 - 90 aILSsLs a. VINO use coal as fuel and
compares engaged IN this branch of business IN
bination Is vide IN scope general IN i,s irf,enes
and Injurious IN effects. These heing its features
,he contract is against public policy. illegal snd
The question Of reasonabIeness Is thus one for
tbs doctrine gives pisy 20 Just oonsderations %
ne freedom and inviolability ~ contracts Win
arTangemsnts rightly void a. contrary 10 ruri.
policy. The sherman act is entitled An a., ~
protect trade and commerce against unlaU-f1l ~
straints, ETC. and the able dissenting oririor a.
enc OF the leaoing cases In the supreme t'orIrt
tons that the restraints Intended 10 h. e,-,rlL
On NeIe only those unreasonable restraints ~ A.
aned az common law. But The law was aUthor,is
reasonable or unreasonable.
WELL TO HAVE A DEFINITE Nv
Nevertheless. in extending the Ian ., r,,-,. -
@ osssisa VS. oy congress now 20 import and i'm
sons, among others Because TIE bsrS sls Ia
,. neIea.e ~ may %orE injustice in various IN
harmful AZ all 70 the general Interests - 10 ~
sHshLy 50. IN comparison with the fmnorts ne -
which public policy does rot rnanffesti,, Lzcls
because the question Of reasonsbleness ss IN ,bA
common law should be for the oourts-sp,aI,- - -
safest arhiteF and reliance IN bUrnsr Si-s. Si-'s lhe
ana because, from the economic stapdrotr,i -
out~ Indicated in me eonfiieI bs,paeaps "a way
Portsnt principles of free competition and I'm IN
We have no certain knowledge of the 49, $3.50,
enect OF the natural laws which are csrrrfr- S 80,
as IN an other branches Of biology M, ,henoHnena
oe confident that IN some sort and With vrbs,lsag lag
pervcrsions public policies eonstitutonsl
OF government and municipal laws Toiiebl 80
Test these natural laws and reflect their rsi,
lraintained bv fmportinF into ,bs g - might be
idea % "reasonabieness'F and judicial ss,e me
tion thereof. for the due control ~ Il,,-
destructive competition: and for prevsIti
poste danger, by devising a system OF reyIIis,i5
which would strike the evils OF combinato5 ~, ,6
heart and aid IN the great object ~ a. the
hurtful restraints and m0nopolies especiaT, a. j.
the prime necessities OF NE - 70
The conditions OF our commercial life A.. =,
s naNe sara nc result IN part OF evolution ~
forces or NorldUide operation. They have deysI
stood Laws regulating and eontrollinr fbst- -
81 wise ,5ris5,sey tsy npsn pen INTO eonplete system