Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1904-08-10
Judpe Parker's Trust Record.

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James Creelman supplies a character
sketch TO Alton B. Parker 10 the cur
rent number of the Review of Reviews
and in the course of it throws light on
the chief judges trust record which,
Mr.. Creelman AYERS, marks him as
the man of the hour" We quote the
writer:
In 1896, sitting as a trial justice
of the supreme court OF New York, he
decided in the BluestOne trust case
that ii was immaterial whether COM
binatiOn in restraint of trade was reas-
enable or unreasonable. The eX-
istence of the power to restrain the
trade was forbidden by the common
law. In uttering this conception OF
sound public policy the Judge was not
bound by any statute. He was not eX-
pressing an academic opinion or max
ing a political speech, but was declaT-
ing the law as it stands today in the
state of New York. He was not at
that time a candidate for office. nor
was his name being discussed publicly
in any way. There was no political
pressure behind him. He was not even
acting in concert with other judges.
but, sitting alone in a trial court, was
free to deliver his own understanding
of settled public policy. Afterwards.
as chief judge of the court of appeals
a tribunal of last resort, he twice set
tied the same point in the same way
Quoting Judge Vanns' words, he said
of 4 contract in a restraint of trade
that it is not the possible capacity of
the party for self-restraint, but it is
the scope of the contract that furnish
es the test of its validity.
NO man in any other party or at
any time has expressed himself more
clearly on the trust question than
Judge Parker.
Yet his judicial record shows that
he knows how to distinguish between
4 combination in restraint of trade
and a legitimate business combination
against which a cry has been started
He made that clear in his opinion in
the case of the Parks & Sons company
against the National Druggists assOCi-
alton. Here are his words:
ut will he seen, therefore. that it
is a controversy between opponents in
business. neither side trying to help
the public. Nor will the public be the
gamer by the success of either. The
motive behind the action of each party
is self help. 1t is the usual motive that
inspires men to endure great hard
ships, and take enormous risks. that
fortune may come.
I'm the struggle with acquisitive
ness. but little consideration is given
to those who may be affected adverse
" Am, | rio c &c
as clear to the equitable view as com
petitOrs in business usually come.
When one party finds himself over
whelmed by the strength of the posi-
ton OF the other. he looks about for
aid. And quite often he turns to the
courts. even when he has no merit
of his own, and makes himself for the
time being the pretended champion of
the public welfare. in the hope that
the courts may be deceived into an
adjudication that will prove helpful to
him.
Now. while the courts will not
hesitate to enforce the laws intended
for the protection of the public because
the party invoking such judgment is
unworthy or seeks the adjudication
for selfish reasons only. they will be
careful not to allow the process of the
courts to be made use Of under a false
cry that the interests of the public
are menaced, when its real purpose is
TO strengthen the strategic position of
one competitor in business as against
another
These are the frontiers of the trust
question outlined by man accustomed
to weigh his words
Judge Parker's decision that il is
immateTial whether a combination in
restraint of trade was reasonable or
unreasonable was made before the
Substantially similar conclusion of the
supreme court of the United States in
the Northern Securities case. To the
argument that the i'll consequences re
sultant from the merger had not trans
pired during its life. and that the com
bination of interests was reasonable,
since it affected large saving in opera
ting expenses. etc. the court answered
that the reasOnablenesS or unreason-
ableness Of the combine cut no figure.
Judge Parker's trust record is one
on which the party may make its cam
paign. Like his record on the labor
question, it reveals sympathy with the
masses rather than with the Oppres-
Sors of the masses.