Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1904-10-21

tween manufacturers of 50 per cent
Of the envelopes of the country and an
outside manufacturer, providing that
the selling price of all envelopes man
ufactured by them during a term of
years should be fixed by a corporate
agent and instrument of the combina-
ton, threatens a monopoly whereby
trade In u useful article may be re-
strained and its price unreasonably en-
HANGED and is therefore invalid The
opinion in this case was delivered by
Parker. chief justice, in which he said,
inter ALA. that the contract gave and
was intended TO give the parties OF the
second part, through the Standard En-
velope company, the exclusive right to
fix prices at which manufacturers Of
envelopes shall sell their output during
the term fixed by the contract, the OBJ
ject being to secure q better price for
the goods manufactured.
such a contract threatens a mo-
nopoly whereby trade III a useful ar
ticle may be restrained and its price IN
reasonably enhanced, and it matters
not that the parties to it may have so
moderately advanced prices that the
sum exacted for the product seems to
some persons reasonable. for the scope
Of the contract. and not the possibility
OF self restraint OF the parties to it, IS
the test of its validity
In Straus versus American Publish
ers' association O9O4. III New York.
4T3. a combination existed between
certain book publishers 10 the effect
that they should fix and maintain the
price OF all books published and dealt
in by them and that copyrighted books
and all other books, whether copy
righted or not or whether published by
them or not, should be sold TO book
sellers only who would maintain Il re
tail net price of copyrighted books for
one year and to those booksellers and
jObbers only who would Furthermore
sell books at wholesale to no one
known to them TO cut or to sell at u
lower figure than such net retail price
or whose name should be given to
them by the association as one who
would cut the price.
THE chief purpose of the contract
was to maintain a net retail price and
prevent the sale of books TO dealers
who would sell for less than the net
retail price fixed by the combination.
This contract was held To he void.
Parker. chief justice. saying. among
other things. The members of the as
sociatiOn. therefore. have entered into
an agreement which by its terms. as
we read it ana as they have construed
! il in their everyday working under il,
undertakes to interfere with the free
| pursuit in this state of lawful bust
ness in which any member of the com
| munity has Il right TO engage. Il bust
| moss in which Il monopoly is not Sc
| cured by the federal statutes namely,
! that of dealing III books which are not
protected by copyrights and hence it
is liz violation Of chapter $50. laws
! 1899
'Thes" opinions of Judge Parker
strictly accord with the law against
monopolies as It Is announced by the
supreme court of the United States i'll
Addyston Pipe and Steel company YER
sus the United States. 10 United
| States. 21I QS99,. and in other cases
| in constituting the act of congress Of
July > 1890, TO protect trade and COM
merce against unlawful restraints and
! monOpolies.
Thus it will be seen that, whatever
may be said of Judge Parker'S political
! belief in the gold standard. his judicial
| opinion OF the authority of the govern
ment To restrain mOnOpOlieS aud of the
| jurisdiction of the courts To enforce
antitrust legislation is strong. Being
the chief Judge of the highest judicial
! tribunal of Il state in which monOpOlies
have their habitat, Judge Parker must
possess strong individuality and ]
! pleasing personality to win the conf
| dence of the people TO the extent of in
| trusting him 10 administer this office.
~ careful reading OF other judicia
utteranccS Of Judge Parker in Il great
| variety of cases which came before
the court of which he WAS the presid
ing Judge clearly demonstrates his ca
| pucity and fitness for judicial work
His writings are fdcilC clear, pcrSpicu
| Gus. and his reasoning OF Uudouhtet
soundncss and along lines of the beSt
! judicial thought of the country on the
! trust question. They are marked by
| method. caudOr and care. which mani
| fest that while he is conservative anC
| therefore safe he is ut the same time
| fearless in the discharge of duty.
| such Il man. other things equal, is
! much preferable for an exalted and re-
| sponsible public position to one who i
lover of guns and martial airs anc
| given over to tiusel and spectacular
|