The Redwood gazette., 1904-09-28

does not leave us III entire Ignorance q.
M nls view of the scope OF the common
Esstraint OF trade. IN the 10th New
g&ork EourV OF Appeals Report is the
&aSe of Park A. Sons VS.. The National
Gided April -, 1903 This case Involves
&he question OF a combination in restraint
er Lraoe' The following is the material
The manufacturers OF certain proprf-
$tary medicines and an association OF
anoiesale dealers therein entered into an
%greement to sell the goods at uniform
1obbing price for fixed quantities only to
@ucn dealers as would conform to the
manufacturers price list In making sales
oI goods AL wholesale dealers had the
right to purchase the goods from the
manufacturers upon the same terms as
members of the association ON agreeing
70 maintain the prices established by the
manufacturers. Held not to establish 4
monopoly on the part Of the members Of
Ghe association.
Where the manufacturers Of patent
medicines and an association Of whole
Rale dealers entered into an agreement
Dy which the association were to MAIN
tain the prices established by the manu-
6acturers, the contract is not unlawful,
HS In restraint Of trade, although It ab0l-
ashes competition as to prices, where IT
places no restriction as to the QUANTITIES
that the dealers may sell, or the terri
Hory In which. they may transact busi-
X "a complaint alleged that proprietors
pf patent medicines were prevented from
ceiling plaintiff their goods for the rea-
son that they wished to protect them
selves with the wholesale and 1opplng
druggists. and that at one meeting or the
association of wholesale druggists the
committee reported that all prominent
manufacturers of proprietary medlcines ne,
had adopted the contract price for the
sale Of their goods, and recommended
that continued opposition be made 70 the
sale of the articles to those proprietors
who did not adopt such contracts or re-
bate price Held insufficient TO snow IN
timidation on the part OF the assoclaLlon
towards the manufacturers 50 as to pre-
vent the sale Of their goods to plaintln.
sThe fact that manufacturers OF patent
medicines refused to sell their goods 70
p wholesale dealer, except at retail prices.
purchased, does not show a boycott,
SVhere the refusal is grounded on the
dnwillingness OF such wholesale dealer
TO maintain the selling prices estaphsheu
by the manufacturers.
I"Where manufacturers of patent medt-
E!nes have contracted with the whole
sale dealers therein to handle their goods
ut uniform price, the fact that sucn
Wholesale dealers furnish the manufac-
kurers with list of dealers who were CUT
ting the established price does not snow
Unlawful blacklisting"
10 "Safe'' Man.
q The case was decided by divided court.
-Four judges, including Judge Parker, In a
concurring opinion of his own. held there
was no wrong and no remedy, while
three judges held that the agreement and
scOmbinatIOn was clearly in restraint
OF trade and should be prohibited
wish you could all read the vigorous and
clear dissenting opinion of Judge Martin
Of the minority He mercilessly pune
tures and explodes the sophism of Judge
Parker and the majority Of the court.
AFTER studying this case we are not sur
prised at the fact that the trusts and the
great industrial combinations CONSIDER
Judge Parker very safe and conserya-
In Comparison with the common law
apathy Of Judge Parker ask you to note
the attitude of our candidate, President
Roosevelt, on this all-important subject.
in his annual message to congress Dec.
9. 1902, he declares:
r.. Roosevelt ON Trusts.
emo more important subject can come
before the congress than this of the regu-
lation OF interstate business. This coun-
try cannot afford to sit supine on the
plea that under our peculiar system o.
government we are helpless in the pres
gence of the new conditions and unable 70
Rrapple with them or to cut out what
ever of evil has arisen IN connection with
them The power of the congress TO reg
iulate interstate commerce is an absolute
and unqualified grant, and without hml-
tations other than those prescrIpeu Dy
che constitution. The congress has cons
lstitutional authority to make all laws
necessary and proper for executing TINS
power, and 1 am satisfied thaI TINS power
has not been exhausted by any leglSla-
,tion now on the statute books. It IS evil
dent, therefore, that evils restrictive OF
commercial freedom and entalling re-
gtraint upon national commerce fali With
I'm the regulative power of the congress,
and that a wise and reasonable law Woulo
he a necessary and proper. exercise soI
congressional authority to the END Inat
such evils should be eradicated
s'I believe that monopolies, unjust dis
examinations which prevent or cripple
competition fraudulent overcapltallza'
fion. and other evils in trust organiza-
ffons and practices which inJurlously az
feet interstate trade can be prevented
Nunder the power OF the coilsress. .s ~ les s,ed
among the several states through resu-
aations and requirements operating "a
rectly upon such commerce, the lnslIu,
mentalities thereof. and those engaged
therein. ,,t,4aot -
II earnestly recommend this subJecI 70
the consideration of the congress. with g
view to the passage of law reasonaols m
IN it's provisions and effective In It's oper-
ations upon which the questions can De
hnally adjudicated that now raise uouDsS oS
as 70 the necessity OF consel'u : 'oAASA'
Enforce the Laws.
The Renublican party has not only given
ahe country all the legislative remedies
AGAINST trusts and combinations TO Wnlcn
] have called your attentlon. put ~ has mas
also aimed to enforce these laws through
judicial proceedings. In his report 70 con-
Sress last January Attorney General Knox
among other things states:
esTn further response to the request OF
che house I submit the following state
ment describing the litigation referred %
somewhat in detail: ma.
ts1 The Northern Securities Case.-InlS
sv proceeding i'm equity, instituted un-
der the sherman anti-trust act IN the
United States circuit court for the Juoleias
Sistrict Of Minnesota for the purpose OF
Soreventing the combination and practlcal
CONSOLIDATION OF the Great Northern ana
( Northern Pacific railway companies COM COM
peting interstate carriers, Dy means, q as 3
Company organized to hold majority OF
The shares Of each railway.
s'2 The Beef Trust Case.-Lns y ~,
proceeding in equity. brought under the
snti-trust act in the United States circuit
court for the Northern judicial district OF
illinois, to dissolve an alleged unlaWLul
combination and conspiracy between sew
EN- corporations. one partnership. ana
fwenty-three individuals, engaged IN the
business of purchasing live stock con-
verting the same into fresh and cured
meats and shipping and selling the prod
sIcts Ia dealers and consumers throughout
the United States and in foreign coun-