The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-03-15
Power of Congress.

act,
Power of congress.
That Congress ha. the power to es-
tablish rules by VIII tch interstate and
international commei see shall be gov
erned, and, by the antitrust act, has
prescribed the rule ct free competition
among those engaged in such commerce.
THAT every combln alton or conspiracy
vi ich would extingu jsh competition be-
tween otherwise &C npeting railroads,
engag ed In intersta te trade or com
nerce. and which W. uld IN that way re-
strain such trade or commerce, IS mace
THAT the natural effect of competi-
ton IS to increase commerce, and an
agreement whose direct effect is 70 pre-
vent this play OF c'kmpeJltloH tsstIal -
I instead Of promotes trade ana COM
That to vitiate z. combination. such
as the act OF Con gresS condemns, II
need not be shown that such cOmDina-
IiOn, in fact. resultsf or viii result IN "A
/ total suppression Of Lrade or IN com,
pleUe monopoly. but II is only eSSenIlal
/ 10 show that by its necessary operation
I IL tends 10 restrain interstate or inter
/ national trade or commerce or teIlus 70
create monopoly IN suCn trace ~
/ commerce and TO de prive the public OF
/ the advantages that flow from Iree
competition
/ THAT the consita tional guarantee OF
liberty OF contract does not prevent
! Congress from prescribing the rule or
]
I interstate and int irrational commerce
! THAT under its power to regulate
/ commerce among tie several states ana
! foreign nations. Co..gress had authority
10 enact the statute In question.
Law Con Etitutional.
! Taking up the C intention Of the de-
I PENDANTS that the Sherman law is UNI
constitutional. Just zee Harlan says that
the court is unabl e to concur in that
view, ana in this connection he cites
numerous instance where the validity
81 the law has bt en upheld, He then
cor tnues:
III. as the court has held, Congress
cav = rikc down combination between
private persons or private corporations
that restrain trade among the States in
iron pipe or in III Is. crates ana man
tells, surely II Dug II not 70 De dCupIs :
that Congress has power TO declare IL
l-gal "a combinations that restraints com
merce among the States and with Tor
eigI4 nations as carried on over lhr
lines OF cOmpeun railroad coIHpStiiIc9
In the exercise Of public franchises
s and engaged in such commerce
] Proceeding furt her In propounolnS
this line OF argum' INT, ne says;
The Nat ural Effect.
indeed. ii the contentious Of the de-
. PENDANTS are SCUM a. why may not all
/ the railway comp anies in the United
States that are engaged under state
charters. ia inters .ate and internatona|
commerce. enter EltO a comDlnaJoii
/ such as the Oue lJere in question, and
, by the device Of hiding corporation Cd
ta!n the absolute control Throughout
the entire country, Of rates for passen-
gers and freight. beyond the powers oi
Congress 20 prOte 81 the pubic aEd4iS'
= their cxactious2 The argument ~ De
half OF the defend ants necessarily leass
70 such results, and places congress
{ although invested by the people or me
United States Wi IN full authority "a
! regulate interstate and internallOna
p commerce. in &C nditiOu Of utter help-
Iessncss. so far as the protection or me
r. public against suclI combinations Is CON
- / c5rned.
THE affirmancc Of the judgment be
low will only mean that no cOmbina ton
4 however powerful is strOn ger than IN,
law or VIII be pc rmitted - avail Itself
of the preteXt ths Il to prevent il doing
[ that which If don. :. would defeat q lega
q I enactment of Con TreSs Is 10 attack tht
I . reserved rights Of the States. 1t woull
/ mean that no de vice in evasion Of II.
% provisions, however skillfully such de
% vice is COntriYed. and no combination
bv WhOmsOeVer formed, Is beyond tn,
. reach Of the supp ,eme law Of the land
7 / If such device c J combination by It
. operation direct restraints cOmmerc,
d among the state or with foreign ma
s tons in violation Of the act of Cor
. gresS-
d Dissent ng Opinions.
Dissenting opinl ons were read by Mr.
Justice Holmes nd Mr.. Justice White