The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1904-03-16

trust or otherwise A" in
restraint OF commerce among the
states or with foreign nations or could
more effectively and certainly sup.
press free competition between the
constituent companies.
"This combination is within the
meaning of the act, trust; but If
not, it is a combination Of restraint of
interstate and international commerce.
and that is enough to bring it under
the condemnation of the act. The
mere existence of such a combination
and the power acquired by the holding
company as trustee for the combina-
ton, constitute a menace to, and re.
straint upon, that freedom of com.
merce which congress intended to rec,
ognize and protect, and which the pub.
lie is entitled to have protected.
''If not destroyed, all the advant-
ages that would naturally come to the
public under the operation of the gen.
eral law of competition, as between
the Great Northern and Northern Pa.
ciflc Railway companies will be lost
and the entire commerce of the inn
mense territory in the northern part of
the United States between the Great
Lakes and the Pacific at Puget sound
will be at the mercy Of single hold.
ing corporation, organized in a state
distant from the people Of that terri
tory"
Controlled by Single Person.
He agreed with the circuit court
that the combination placed the con.
troll of the two roads in the hands of
a single person, and second, that it
destroyed every motive for competi-
tion between the two lines by pooling
their earnings.
He deduced from the consideration
of precedents the following PROPOSE.
tions a sapplied to the present case:
THAT although the act of congress
known as the antitrust act has no
reference to the mere manufacture
and production OF articles or commodi
ties within the limits of the several
states it embraces and declares to be
illegal every contract, combination OF
conspiracy, in whatever form of what.
ever nature, and whoever may be par
ties to it, which directly or necessarily
operates in restrain of trade or com
merce among the several states OF
with foreign nations.
THAT the act is not limited to re
straints of interstate and interna
tional trade or commerce that are un
reasonable in their nature but is di
rected against all direct restraints
reasonable or unreasonable, imposed |
by any combination, conspiracy OF
monopoly upon such trade or com
merce.
THAT railroad carriers engaged in
interstate of international trade or
commerce are embraced by the act.
THAT combinations even among
private manufacturers or dealers |
whereby interstate or international |
commerce is restrained are equally |
embraced by the act.
Free Competition Prescribed.
THAT congress has the power To |
establish rules by which interstate |
and international commerce shall be
governed, and, by the antitrust act, |
has prescribed the rule of free com.
petition among those engaged in such
commerce.
THAT every combination or con.
spiracy which would eXtinguish com.
petition between otherwise competing |
railroads engaged in interstate trade |
or commerce, and which would in that |
way restrain such trade or commerce
is made illegal by the act.
THAT the natural effect of competi-
tion is to increase commerce and an
agreement whose direct effect is to
prevent this play of competition, re.
strains instead of promotes trade and
commerce.
THAT to vitiate a combination, such
as the act of congress condemns it
need not be shown that such combina,
tion in fact results or will result in
total suppression of trade or in com.
to show that by its necessary opera.
tion 1t tends to restrain interstate or
trade or commerce or
tends to create a monopoly in such
trade or commerce and to deprive the
public of the advantages that flow
from free competition.
"That the constitutional guarantee
of liberty of contract does not prevent
congress from prescribing the rule of
free competition for those engaged in
interstate and international COM
merce
THAT under its power to regulate
commerce among the several states
and foreign nations, congress had au-
thority to enact the statute in ques-
ion"
Justice Harlan directed very large
share of his opinion to the right of
federal control over state direction in
such cases. Speaking of the states
tights plea Of the railroad representa-
ives he said:
This view does not impress us. BY
It's very terms the act regulates only
among the states and in the
oreign states. BY the explicit words
# the constitution that instrument
md the laws enacted by congress in
pursuance of its provisions, are the su.
creme law of the land-supreme over
he states, over the courts, and even
over the people of the United States
IAN act of congress, constimtionally
passed under its power to regulate
commerce among the states and with
oreign states, is binding upon all a.
much so as if it were embodied in