The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1904-10-01

docs not leave US IN entire ignorance as
TO his view Of the scope Of the common
Jaw to relieve against combinations IN
~Eestraint Of trade. In the 10th New hs
York Court of Appeals Report is the
case of Park & Sons VS.. The Natlo9 aa
Wholesale Druggist Association, &C.
sded april rs aso This io case
Of trade. The following is the Hatei1o1
syllabus of the case:
'The manufacturers Of certain propr re-
'etary medicines and an associatloil ~
wholesale dealers therein entered my 800 a.
agreement to sell the goods at uili 1,o -
jobbing price for fixed quantltles oillS ~ ~
sueh dealers as Wou iii+ i 90 naaing sales
of goods. All wholesale dealers nad ne ne
right to- purchase the goods from tLe
manufacturers upon the same Terms s,; %
members of the association on agreeti,S
to maintain the prices established py the
Observation-Disclosures. Held not to establish a,
monopoly on the part OF the nleh1oeiS "
the association. - o+,+
.Where the manufacturers Of patent
medicines and an association OF Whole.
sale dealers entered into an agreenehe
by which the association we're 10 nali-
tain the prices established by the manl-
facturcrs the contract is not unlaW1ul'
as in restraint Of trade, although 1t apo!-
fishes competition as to prices, WneIe IL
places no restriction as to the quantltle:s
that the dealers may sell. or the iell!-
tory in which they may transact busl-
"A complaint alleged that proprietors
of patent medicines were prevented from
selling plaintiff their goods for the fea-
son that they wished to protect mem mem
selves with the wholesale and jooblng
Druggists and that at one meeting OF the
association Of wholesale drusslsts tne
committee reported that all promilnene
manufacturers Of proprietary me co.. NE
had adopted the contract price Tor 5ns
sale Of their goods. and recoHlllt 4a tha
that continued opposition be made 70 tne
sale Of the articles to those proprle|ols
49, on1f
bate price Held insufficient to show IN
timidation on the part OF the assoclatlo1l
towards the manufacturers, SO as ~ y
vent the sale of their goods to plaailllit.
s'The fact that manufacturers of patenIt
medicines refused to sell their goods 10
a Wholesale dealer. except al retail prices,
purchased. does not show a ooyc4 4bs
where the refusal is gr0ulued VI ,Iar
unwillingness of such wholesale dealeI
to maintain the selling prices eStao1isneo
bv the manufacturers.
"Where manufa OF patent me9I-
cines have contracted with the WIZ ogs
sale dealers therein to handle tnelr soo oIs
Wholesale dealers furnish the manufac-
turner's with a list of dealers VINO were CUT
ting the established price does. not show
unlawful black esaaag Man.
The case was decided by divided court.
Four judges, including Judge Parker, IN
concurring opinion Of his own, held mere
three tire 'i Judges held that the agreement and
COMPUTATION was clearly in restraint
of trade and should be prohibited.
wish you could all read the ylgosoHMH u.s. S ana
OF the minority. He mercllessly pune
lures and explodes the sophism of Judge
parker and the majority Of the court.
prtsed at the fact that the trusts and the
great industrial combinations consider
Judge Parker a very safe and conserVa-
S1Ve man. 40 =, loo,
aDathv of Judge Parker I ask you to note
the attitude Of our candidate, PreSlaene
Roosevelt, on this all-important subject.
in his annual message 10 congress Oeo'
z 1902 he declares:
Il Roosevelt on Trusts.
ono moro important subject can como
before the congress than this or the TeSu-
iation of interstate business. rms coun-
try cannot afford to SIT supln as,s on 'n nS
government we are helpless In the pres
ence of the new conditions and uhaole 10
erapple with them or to cut out what
ever of evil has arisen In connecllon VIII
them. The power Of the congress to reg
ulate interstate commerce is an absolute
and unqualified grant, and without UNI NJ
tations other than those has con
stitutional authority to make AZ laM S,s
necessary and proper Tor executing Ills as,
power, and I am satisfied that TINS ps GMei
ton now on the statute books. 1t IS eVlo
dent therefore, that evils restrictive OF
commercial freedom and enta1Hng re-
straint upon national commerce 1all VIII
IN he regulativa power of the congress,
and that a wise and reasonable law Woules
be a necessary and proper exercise 81
congressional authority 10 me enu 'i0'
such evils should be erad1cateu. s,u
IT believe that monopoleS, unJusI Up
ordinations which prevent or GRIPPE
competition, Fraudulent owe overca Iesnzs-
lions and practices which injuriously at;
fect interstate trade can be preVenteu
Under the power Of the congress to reguz
late commerce with 1orelst ttr rH,eJ reru gu
1ations and requirements operating al
rectly upon such commerce, the l.ls. "
mentalities thereof, and those ehsaseo
therein: os+,,, recommend this subject to
the consideration of the congress, WIN :, q
view to the passage OF law reslsoila .o,
in its provisions ana Zen ouestons can be
finally adjudicated that now ra1s !t uGoue1
&C to the necessity Of constitutional
amendment"
:, Enforce the Laws.
The Republican party has not only given
the country all the legislaidve Re ,ehieh
haVa called your attention, but II mas
also aimed to enforce these laws VS. tn M oas
judicial proceedings. In his report 70 D coll-
greSS last January <aItotilc1
among other things states: 30
I'm further response to tne ieques. ~ a.
+ha house I submit the following state
ment describing the Ntlgatloh ieAe11eo ~
- The Northern Securities Ca a5 M
4. a proceeding in equity, lnstltuteo ~
der the Sherman ANTITRUST ac. , ~ .iaG
TTnited states circuit court for the Judlclls
Sistrict of Minnesota, for the purpose "
nneventing the combination ana plae a,s1
ppoornsolidation of the Great Northern anu
Northern Pacific railway companies c oe u
netting interstate carriers, by nieinS ;+ ~ 20 @
comDany organized to hold a n1aJoi1'S W
fhe Shares of each railway.
80 The Beef Trust Case.-Ihls IS q
,-oceedine in equity, brought under tne
ppnti-tr11st act in the United States circul1
an,,rt for the Northern judicial district OF
IIUinois to dissolve an alleged unlawful
cnnnhination and conspiracy between seV,
~ corporations, one partnership. anu
tnenfy-three individuals, engaged IN the
bT,siness of purchasing live stock. con,
.artino the same into fresh ana curea
roasts and shipping and selling the Prou-
s1cts to dealers and consumers tnrousnouI
fhe United States and III foreign GULL
tries. .,.s rn4rnctlon Sutts.-
These are proceedings in equity under the
enti.frust act against fourteen railroad
comnanies, eight pending in the Unlted
SIZES rircuit court for the western judi
cia1 district of Missouri and six IN the
Tinted States circuit court tor the north-
ern judicial district of Illinois. Inc oo-
iect Of the proceedings was TO break up
an unlawful combination between the
raf1road conpanies and certain faVOfeo