The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-02-20

OF the General Assembly VIII Jake up lne
question In wisdom and discretion. and
enact a law which will subsenve all in
terests involved.
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JUDGE CROSSCUP'S DECISION.
a decision In Chicago Of Judge Cross
cup, of the United States Court. In the
Beef Trust cases is far reaching and
brings the business of the country face
to face with the Sherman Antitrust law.
Judge Grosscup has not attempted to
pass upon the Righteousness Of the law,
but simply to define the law and to apply
It to the case In point. He declares that
combination in restraint of trade is a
violation Of this law. and that restraint
sideratIon of RESPONSIVENESS or unreason-
ableness in the combination averred; nor
Is it to be tested by the prices that re-
suit from the combination. Indeed he
goes ON. combination that leads directly
to lower prices. to the consumer may,
within the. doctrine Of these cases even as
against the consumer. be restraint of
trade and combination that leads directly
to higher prices. may, rs against the pro-
Queer, be restraint Of trade. The statute
thus interpreted has no concern with
prices, but looks solely to competition and
to giving competition full play by making
illegal effort at restriction upon compeu-
ton. Whatever combination has the d.
rect and necessary effect of restricting
competition is, within tho meaning o
the Sherman act as now interpreted, re.
stralnt of trade"
Applying this principle to the case In
point, he says that thus defined there can
be no doubt that the agreement OF the de-
pendants to refrain from bidding against
each other in the purchase Of cattle is
combination in the restraint of trade; so
also their agreement to bid up prices to
stimulate shipments. intending to cease
from bidding when the shipments have
arrived. He adds that the same result
follows when we turn to the comblna-
ton of defendants to fix prices upon and
restrict the quantities Of meat shipped to
their agents or their consumers. Such
agreements, he argues. can be nothing
less than restrictions upon competition,
and therefor combination In restraint
of trade, which make out case under the
Sherman act.
In view of this decision, what need
is there for any anu-trust law in addition
to the Sherman act?
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| A crank who happens to be member
Of the Missouri Legislature, being en-
couraged by the recent expressions Of the
| President of the United States and Pres
ident Elliot, of Harvard, has introduced
a bill In the body Of which he is men,
ber to encourage the Gretna Green busi-
ness. This Missouri statesman does not
hesitate to label his bill one to ''encour-
age narriage,' 1t provides that mar
riage licenses shall not be recorded until
the return is made showing that the mar
riage ceremony has been performed. This
would simply make the way for runaway
couples great deal easier than It now
Is. A couple flying in tho face of paren-
tai disapproval would have only to get
| the license and with the precious docu-
ment In hand await a favorable oppor-
tunity to slip away and have the knot tied,
The whole thing would be kept mum by
law until they were united In the holy
bonds of wedlock. That would DO as
soft a snap as Virginia boys and girls
would want.
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We congratulate Congressman Hay, of
Virginia, on the gallant and successful
fight he made in the House two days ago
against the army bill, Tho features of
the bill to which Mr.. Hay particularly
objected We're those providing for the re-.
tlrement OF the officers OF the civil war
at nm advanced grade. and for PERMITTING
officers to deposit money with the gov,
ernment at three per cent, interest,
| Mr., Hay was quite right In saying that
this was "paternalism run mad" The
tendency Of Rcpuhlicanism is towards
paternalsm, and each time the ugly thlne
shows Its head, 1t Ia the duty OF Demo.
Gratis to strike II as hard as they can.
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Secretary Root Is going to make some
trouble yet. He Is said to be adyocat-
ing n scheme to add rifle practice to the
course Of study in American public