The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-10-16

L his ldCl, Will uIdUy pcISOuS, CSllS
the story of the forthcoming decision.
The Missouri decision virtu-
ally establishes as fundamental the
proposition that the Sherman act pro-
vides al iron-clad rule admitting of
no variation or exception. On the
familiar principle that those who en-
ter into contract are presumed to in
tend the natural and legitimate con-
obvious that such an enterprise as
the Northern Securities company was
designed to put a check on competi-
ton between Jne two transcontinenta1
railroad lines. The supreme court
said in the case of the Joint Traffic
association, substantially this very
thing. The argument was then ad-
vanced that no restraint had yet been
made, and the answer was in effect.
You have agreed to restrain it and
that is the thing which the statute
prohibits
For two reasons, it is said here,
the five justices who united in the
trans Missouri opinion could not very
well take an opposite position now.
Any member Of that court who chang
ed his ground On such a great queB
ton would be placed in a very embar-
RAISING position. Mr.. Justice Shiras,
il will be recalled, was frightfully
criticized because he was supposed
20 have changed his mind in the in
come tax case, and his action made a
democratic campaign issue. Not only
Gld the five justices in the TRANSMITS
souri, case taken this position DELHI
sOciation case came before them
they said in almost so many words,
1T is the same question and a large
part Of the argument which has been
addressed to us is really an argu-
ment to show that our decision in the
trans missouri case was wrong and
ought to be changed" So there has
been. it is pointed out by lawyers
tere, not merely one decision reached
after careful deliberation and able
argument, but this decision a year or
two later was reaff1rmed after
5,'orOugh review of the whole matter
hy most eminent lawyers.
Rule Of "Stare cecisis."
A second reason for thinking that
none of the justices will change his
! mind is found in the rule of stare
decisis." The extent to which all
courts go in following precedents is
we'll known. Frequently the student
finds in reading decisions an intima
ton that the court is not entirely sat
listed with the decision which it is
| about to make. but that the question
has been decided, and that this must
be regarded as closing it.
There is another reason for think
ing that the opinion of the lower
| court will be affirmed which, while
it is stated with great delicacy by
lawyers here, and by no one reflects
any discredit On the court, has to dc
with its human nature element. Few
justices even on the supreme court
Of the United States can be insenSible
TO the "eXpectatiOn Of the public
No justice can escape a certain un.
conscious influence of public senti
| ment. He cannot disabuse his mind
of the notion that to reverse the cir
| cult court of appeals in this case and
to sustain the Northern Securities en-.
terprise would be followed in many
quarters by an outburst of public in
ilgnation. This is not a definite rea
son to assign for expecting the affirm
ance Of this decision, and yet it is
one of those atmospheric influences
which count in that direction, and
cannot be wholly overlooked.
The position Of a majority of the
court in the trans-Missouri case was
that if a mistake had been made II
was made by congress. 1t Is entire
ly possible that not only the old ma
jority, but that some of the new mem
bers who have taken the place of the
dissenting minority, even if not salts.
fed with the prior decisions, would
feel that perhaps the best way to cor.
rect the error would be to impress