The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-03-11
SAYS THE TRUST
LAW Is INVALID
Supreme Court Decides Against
Illinois in Important Suit.
LAW MUST TREAT ALL ALIKE
PROVISION MAKING EXCEP-
TIoNS INITIATES MEASURE.

uAsm- JGTON, March 1O.-The
w United States supreme court to-
day decided the Illinois anti
trust statute TO be unconstitutional
because of the provision Of the law
eXempting agricultural products and
livestock from the operations of the
law The decision was rendered in the
case of Thomas Connolly and others
against the Union Sewer Pipe company
Of Ohio and was delivered by Justice
Harlan.
The case grew out of the sale of pipe
by the pipe company to Connolly and
others. who. after securing it. de
clined to make payment, on the ground
that the pipe company is an illegal
cOmbina ton for the restraint of trade
under the common law because it COM
biEes a number of local pipe manufac-
turing concerns; that it is a combina-
ton in violation of the Sherman anti
trust law, and further, a violation of
the antitrust law Of the state of hi
nois. The first two contentious received
very slight consideration. the court
holding. That even if the aIIega tions
vent the corporation selling its proper
~. The opinion, therefore. was based
on the third plea. which Justice Har-
Ian said would be valid if the state law
could be held TO be valid. as there
could be no doubt of the purpOrt Of the
act. Under that law the corporation
could be dissolved. if the law is valid
lie quoted the law at length, laying
special stress upon the ninth section,
eXempting farm products concluding
that this provision is antagOnistic TO
the provisions of the constitution
granting equal protection to ali under
the law. He also held that the exempt
inF clause is so interviewer with other
portions Of the statute as to render it
impossible to eliminate il from the law
a 5 an entirety, and, therefore, held that
the entire law must be held to be in
valid.
Justice Harlan said that the case had
como to the supreme court on q writ
Of error from ;nc circuit court OF the
United States for the northern district
of Illinois. which had held the state
antitrust law to be unconstitutional
because of the provision discriminating
in favor of farm products. 1t grew
out of actions by the pipe company to
CcrnelIy and William +. Doe for pipe
received by them under contract
Secuon of the Illinois law. upon
which Justice Harlan's opinion was
based. is to the effect that the pro-
visions OF this act shall not apply to
agricultural products or livestock while
in the hands of the producer.
First. stating what could be done
under the statute without the exempt
ing provision. Justice Harlan said that
the arrangement or combination be
tween the Union Sewer Pipe company
and the other companies, corporations
and firms created and constituted such
a trust as the Illinois statute forbids
is manifest from the evidence in the
record II is equally clear that if the
Plaintiff was an Illinois corporation its
charter could be forfeited and an end
put to its corporate existence by pro-
ceedings instituted by the attorney
general Of the state.
It is also clear that if the statute is
valid the defendants could plead non
liability for the pipe purchased by
them upon the ground that the plaintiff
was an Illegal combination. and the
contracts which il made with the de-
PENDANTS void under the statute Of
Illinois The statute expressly author
ICES such defense.
He then took up the question of the
effect from the eXempting section. sus-
tanning the view of the circuit court
that this section is Tepugnant to .he
fourteenth amendment of the consti-
tuition of the United States and. fur
Their. that il is so connected and inter
woven with other sections that it acts
in inyalid9ta the entire act