Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1905-02-23
THE BEEF TRUST DECISION
Roosevelt Administration Will Get
Credit for What It Has Not
Really Done.

"
The decision of the United States SUI
preme court against the so-called beef
trust is important, though it establishes
no new precedent. 1t follows in a general
way the decision of the court in the Adj
dyston pipe trust case of some years ago,
Just as the judgment against the North
ern Securities company followed that
against the Trans-Missouri Freight and
Joint Traffic association cases. Taken i'll
connection with the opposite decision OF
the court in the sugar case, says the
Springfield (Mass.) Republican, these
various judgments thus define the scope
of the Sherman antitrust law of 1890.
1t applies to combinations of parallel
and competing railroads, whether such
combinations be duly incorporated or
not; it applies also to unincorporated al
l~iances, consptracies and concerted ac-
lions among various corporations, firms
or individuals, engaged in manufactur-
ing or trade, making for a restriction of
output, uniform prices and monopoly
practices generally; but it does not ap-
ply to combinations of manufacturing
concerns, no matter how far extended,
when they are incorporated.
But such combinations are, of course,
the most important of all, and the pres
ent decision of the court only makes the
more glaringly defective it's opinion in
the Knight or sugar trust case, which
permitted incorporated manufacturing
combinations to escape the law alto
gether. Evidently, if the beef trust
concerns were incorporated they might
be prosecuted for seeking and accepting
special railroad favors, but they might
otherwise do everything charged against
them in this case and escape prosecu-
ton or restraining orders. This pre-
sents an absurdity in judicial construc-
ton which calls for correction. 1t can
obviously make no difference to the pub
lie whether the same acts of equal effec-
tiveness, in monopolistic restraint OF
trade. are performed through an incor
porated or an un~incorporated combina-
ton; and as the law was intended tc
protect the public against such acts, il
should be applied wherever such acts
are manifest, regardless of the precise
methods pursued, or it should be re-
pealed or made more amenable to {
trust organization of industry.
Still the decision will stand in thu
public view as another vindication Of tn,
poocoyn1t odnoirictratiO in itS anti
monopoly character, and will great.
enhance the presidents popularity
There evidently exists some sort of
combination among the big dressed
meat concerns, and it now appears t,
have been brought UP with a round turf
through the efforts of the department o
Justice. The injunction stands; such /
the decision, but it remains to be en-
forced, and this is the feature of the cas-
which most interests the public, as
will most tax the efforts Of the govern
ment prosecutors. q
Meantime the great mass of the trust
remain untouched, and beyond tn
reach of the law as interpreted by tn
court. 1t would seem that the admins
tration, in order to round out it's repu
tation for zeal in the protection of tn
people against monopolistic practice!
should start another prosecution tina
the supreme court might be brought to
reconsideration of the inconsistent pc
sition taken by 1t in the sugar trus
case, Y