The Irish standard., 1904-08-13
Il combination in restraint of trade
was reasonable or unreasonable Tho


existence of the power to restrain
trade was forbidden by the common
! law. In uttering this conception of
sound public policy the judge was not
bound by any statute. He was not
expressing an academic opinion or
making Il political speech. but was de-
chrn% the law as it stands to-day in
the state of New York. He was not
ut that time a candidate for any Of
| flee, nor was his name being discussed
publicly in any way. There was no
political pressure behind him. He
was not even acting in concert with
other judges, but, sitting alone in Il
! trial court, was free to deliver his own
understanding of settled public policy.
Afterward, as chief judge of the court
of appeals, Il tribunal of last resort,
he twice settled the same point in the
same way. Quoting Judge Vann's
words, he said of IL contract in res
traint of trade that it is not the pos
Siblc capacity of the parties for self.
restraint. but it is the scope of the
contract which furnishes the test of
| its validity.
No man in any party or at any time
| has expressed himself more clearly on
the trust question than Judge Parker.
Yet his judicial record shows that
he knows how to distinguish between
Il combination in restraint of trade and
Il legitimate business combination
against which Il cry has been started.
He made that clear in his opinion in
the case of the Park & Sons company
against the National Druggists asso-
citation. Here are his words:
1T will he seen, therefore, that this
is Il controversy between opponents in
business, neither side trying to help
the public. Nor will the public be the
gamer by the success of either. The
| motive behind the action of each party
is Self-hclp. 1t is the usual motive
that inspires men to endure great
llardships and take enormous risks,
! that fortune may come.
In the struggle which acquisitive.
ness prompts, but little consideration
is given to those who may be affected
adversely. Am l within my legal
rights? is as near to the equitable view
rs competitors in business usually
come. When one party finds himself
overwhelmed by the strength of the
position of the other, he looks about
for aid. And quite often he turns to
the courts, even when he has no merit
Of his own, and makes himself for the
time being the pretended champion of
the public welfare, in the hope that
the courts may be deceived into an
adjudication that will prove helpful
to him.
Now, while the courts will not
hesitate to enforce the law intended
for the protection of the public be-
cause the party invoking such judg-
ment is unworthy or seeks the adiudi-
cation for selfish reasons only. they
will be careful not to allow the pro-
cess of the courts to be made use of
under false cry that the interests
of the public are menaced, when it's
real purpose is to strengthen the STRAIT
egic position Of one competitor in
business as against another"
These are the frontiers of the trust
question outlined by man accus-
toned to weigh his words.
Judge Parker's famous opinion up
holding the right of union workman
to strike, or to threaten to strike, in
order to procure the discharge of a
nor-union workman. rests upon the
theory that any attempt to abate the
struggle between capital and labor by
governmental Interference means the
submergence of the rights of the one
or the other. His opinion was echoed
by the declaration of the Democratic
national platform, that ''the rights Of
labor are no less vested no less 'sa-
cred,' and no less 'inalienable' than
the rights of capital Now that the
question of capital and labor is being
forced into national politics. the Amer
lean people are likely to commend this
sane and sober view Of it.
1t is said that Judge Parker's per-
sonality is less picturesque, less dash
ing, less original, and less brilliant
than that of President Roosevelt, and
that for that reason he will prove the
weaker candidate. Those who rely on
that argument forget that Polk de-
feated Clay, Cleveland defeated
Blaine, and Mckinley defeated Bryan.
1t is the second thought Of the aver
age American citizen that carries his
vote. 1t is usually conceded that Clay
would have been elected had the vote
been taken n month after his nomina-
ton. That is true also of the candi-
dacies of Blaine and Bryan.
Like President Roosevelt, Judge
Parker is vigorous out-of-door man,
but his mind inclines to the cultiva-
ton of his three farms and the breed
ing Of pure.blooded cattle rather than
to lion hunting. He is no eulogist of
war. He will never Cypress small ma
lions or threaten Central or South
Amorico with an Oss,lmed general