The Washington times., 1902-03-11
Decision of the United States
Supreme Court.
JUSTICE M'KENNA DISSENTED
Result of Appeal Taken From Circuit
Court of Northern District Illinois in
Suit Against Union Sewer Pipe Com
pany.

| United States, and therefore invalid. The
provision Of the statute exempting from
its operation agricultural products and
live stock in the hands Of the producers
or raisers. Mr.. Justice Harlan said. was
a denial of the equal protection OF the
law. in violation OF the prohibition in the
Federal Constitution on that subject.
| 1t was suggested that the section max
ing the exemption might be declared un-
constitutional and the rest of the statute
stand, but in the opinion Of the court
other provisions that they must all fall.
Justice McKenna Dissented.
Mr.. Justice McKenna announced a dis
sent from the judgment of the court.
| The case came to the Supreme Court
from the Circuit Court for the Northern
District of Illinois, in which the Union
| Sewer Pipe Company of Ohio brought suit
| against Thomas Connolly and William Dee
| to recover on notes and open account for
| sewer pipe purchased by them.
How Illinois Law Defines a Trust,
The first section of the Illinois law de-
fines trust as a combination of capital,
skill. or acts, by two or more persons,
| firms, corporations, or associations of
persons, or of two or more of them for
either, any. or all of five different acts,
| then described, following; that affecting
the Sewer Pipe Company being this:
Fifth. To make or enter into. or ex-
anime or carry out any contract, obli-
cation. or agreement of any kind or de-
scription by which they shall bind or have
bound themselves not to sell, DISPOSE of
CT transport any article or commodity, or
article of trade, use, merchandise, COM
merce or consumption below a common
standard figure, or card or price list, or
by which they shall agree in any manner
TO keep the price of such article, COM
modify or transportation at a fixed or
graduated figure, or by which they shall
IN any manner establish or settle the
price OF any article, commodity or trans
portation between them or themselves
and others to preclude a free and ,Inre-
stricted competition among themselves
or others in the sale or transportation
OF any such article or commodity. or by
which they shall agree to pool. combine.
or unite any interest they may have In
connection with the sale or Transportation
OF any such article or commodity that its
price might in any manner be affected"
Defence Under the Statute.
As to the defence under the Illinois
statute, the court said it differed from,
the others. If the statute was valid the
defendants could plead nonliability for
the pipe purchased by them upon the
ground that the plaintiff was an Illegal
combination and the contracts which ii
made with the defendants void under the
statute of Illinois,
But the vital question was whether the
statute was not inconsistent with the
Constitution by reason of the fact that
one section declares that its provisions
should not apply to agricultural products
or live stock in the hands of producer or
raiser.
Justice Harlan's Opinion.
Looking specially at its provisions"
said Justice Harlan, 'ft will be seen that,
so far as that statute is concerned two
or more agriculturists or two or more
live stock raisers may, in respect of their
products or live stock in hand, combine
their capital, skill, or acts, for the pur-
pose of creating or carrying out restric-
stock; or limiting, increasing, or reduc-
ing their prices, or preventing competi-
tion in their sale or purchase or fixing
standard or figure whereby the price
thereof to the public may be controlled;
or establishing the price of their agri-
cultural products or live stock in hand,
SO as to preclude free and unrestricted
competition among themselves or others
in the sale or transportation of such
1t,
the statute is concerned may be done by
agriculturists or live stock raisers in Illi-
nois. without subjecting them to any PEN
atty or fine.
But exactly the same things, If done
by two or more persons, firms, corpora
tions, or associations of persons, who
shall have combined their capital, skill,
or acts, in respect of their property, mer-
chandise, or commodities held for sale or
exchange, is made by the statute a pub
lie offence and every principal. mana
ger, director, agent, servant, or employe
knowingly carrying out the purposes, |
and orders of such combina-
tion is punishable by fine OF not less
than 81 900 nor more than $1,000. Is not |
this such discrimination against those en- |
gagged in business tother than the sale of |
e agricultural products and live stock in |
the hands of producers and raisers as is |
forbidden by that clause OF the fourteenth |
Denial of Equal Protection.
"What may be regarded as a denial of |
the equal protection of the laws is a |
question not always easily determined, as |
the decisions of this court and of the |
highest courts of the States will show. |
No rule can be formulated that will cover |
every case. But Upon this question we |
have said that the guarantee of the equal |
protection of the laws means that no |
person or class of persons shall be de- |
MED the same protection of the laws |
which is enjoyed by other persons or |
other classes In the same place and in
like circumstances.
''The principles laid down in Missouri |
VS.. Lewis Q0l U. s. condemn the statute
of Illinois. We have seen that under
that statute, all except producers of agri-
cultural commodities and raisers of live |
stock who combine their capital. skill, or
acts for any of the purposes named in the
act may be punished criminals, while
agriculturists and live stock raisers, in
respect of their products or live stock In
hand are exempted from the operation |
,f the statute, and so far as the statute
S concerned may combine and do that |
which If done by others, would be a |
rhine against the State.
All in Same General Class.
persons engaged in general trade or
In the sale of merchandise and COM
nodities and agriculturists and raisers of
i've stock are all in the same general
lass-that is, they are all alike engaged
IL -. Il /