The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-08-16

courts. following their decision In the
Freight Association case which had not
then been decided by the Supreme
Court.
When the Joint Trafic case reached
the Supreme Court 1t was decided in
favor Of the government. The opin-
ion Of the Court in these cases were
delivered by Justice Peckham, a Dem
ocratic Justice appointed by Mr.. Cleve-
land. Justices Field. Gray. White and
Shiras dissented.
The Cast Iron Pipe Trust" case was
Instituted by Attorney General Harmon.
The case was the first one in which, In
the opinion Of the Department of Jus
tics. the government was able to Sc
cure facts sufficient to sustain a suit
against an Industrial combination.
This case was decided by the court
in favor OF the government with
out a dissenting vote. the opinion
being delivered by Justice Peekhan.
The Northern securitiesCompany case
Is the one. however. upon which the
President most prides himself. But in
ward instead Of one forward. This Is
shown In the concurring opinion of
Justice Brewer. That learned Justice
In the outset Of his opinion says that
while he was with the majority of the
Court In the former cases. which he
4. .,,ht f,,,
Their examination has not disturbed the
conviction that those cases were right
ly decided, he thought that lin some
respects the reasons given for the
judgments cannot be sustained" In
stead OF holding that the Antitrust
act included all contracts, reasonable
or unreasonable. in restraint of inter-
state trade, the ruling should have
been that the contracts there present.
ed were unreasonable restraints of in
| terstate trade, and as such within the
scope of the act" The learned JUS
ties says that act. as appears from its
title. was leveled at only unlawful re-
straints and monopolies;' that Con-
gress did not intend to reach or de-
stroy those minor contracts in partial
restraint Of trade which the long
course of decisions at the common law
had affirmed were reasonable and
ought to be upheld" The purpose
rather was to place a statutory prohi-
bition with prescribed penalties and
remedies upon these contracts which
were In direct restraint of trade. un-
reasonable and against public policy. :"
Whenever a departure from common
law rules and definitions is claimed"
that learned Justice says, the purpose
to make the departure should clearly
be shown. Such a departuresdoes not
appear and such a departure was not
intended. Justice Brewer held. how
ever. that in the case then before the
Court as in the cases previously decid-
ed for the government. there had been
presented contracts which were "uu-
reasonable restraints" upon interstate
trade, and as such within the scope of
the act.
Evidently Judge Parker had careful
ly studied all these rulings of the
United States Supreme Court before he
made his acceptance speech. There
fore 1t is that he says the decisions of
the Courts warrant the assertion that
the common law as developed affords a
complete remedy against monopolies.
Nevertheless he says that while this
is his view Of the scope of the common
law. II 1t should be made to appear
that 1t is mistaken one. then he ia
vors such further legislation within
constitutional limitations as will give
the people q just and full measure OF
protection"