The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-11-25

NEW JURgsPRIBKNCE."
To y EDtroR oF The suE--Sb /: Az an
aid to the restoration OF public ~conndoncs
the attention OF the COUNTRY should be called
to the remarkable address Of Mr.. Justice
Brewer Of the United States Supreme Court
AZ the meeting In Carnegie Hall ON Tuesday
evening last. The ~prOpriety of a Judge
attacking even indirectly the President Of
the United States will perhaps DO criticised
by those who also question the ~proprlety
Of the President making an attack upon
Judges. These. however, are days Of now
ideas and now methods in diplomacy and
stateeraft. and with this subject I am not
now concerned. what I desire to empha-
sire 10 the deep significance OF the address.
both on account Of what wal said and also
on @coount Of the person who said IL.
In the Northern Securities case the nine
Justices Of the Supreme Court were di-
vided ~ follows
FOR rWE COMPANY. AdAINar rMn COMPANY.
white. Hausn,
Fuller. Brown,
Holmes. McKenna.
Peckham. DAY,
brewer.
Since that decision Mr.. Justice Moody
~ NNhpu INV DtANB VI W.T. JublICD BfONms
but II he IL TO be governed in his judicial
decisions by the convictions which con
trolled him as Attorney General it may be
assumed that he also would have decided
against the Northern Securities Company.
Ths substitution. therefore. Of Mr.. Justice
Moody for Mr.. Justice Brown does not
sffeot the general character OF the court
and Mr.. Justice Brewer still holds the bal
ance OF power
The decree asked for by the Government
In the Northern Securities case was based
upon two broad propositions:
biret: That the mere possession OF the
power to control traffic or business OF any
kind constitutes the offence Of monopoly.
In other words. as soon as an association
OF men or a corporation becomes big and
strong enough to control its particular
line OF business it becomes a monopoly
and Illegal.
Secondly: 10 monopoly comes into
existence under State laws, and although
expressly authorized by State laws. Con-
gress can suppress IL as a burden upon
interstate
II is not entirely clear that even Justices
Harlan. Brown. McKenna or Day fully
accepted either Of these propositions. but
whatever may have beep their opinion IL
10 entirely clear that MIR. Justice Brewer.
while ooncurring with them in voting
against the Northern Securities Company,
agreed with the four dissenting Judges in
absolutely rejecting the propositions and
the reasoning upon which the Govern
ment's case was based, Further. in order
10 emphasize his dissent from the other
four Judges and to limit the scope Of the
actual decision, he stated at the conclusion
OF his opinion:
have felt constrained to make these observa-
lions for fear that the broad and sweeping Ian.
guage of the opinion Of the court might tend to
uusettlo legitimate business enterprises. stiHe or
retard business activities. encourage Improper
disregard Of reasonable contracts and invite un-
necessary litigation.
Mr.. Justice Brewer also suggested that
the word reasonable should be read into
the Sherman anti-truss las.
In accord with this he is reported to have
said among other things on Tuesday night:
Lett ever he remembered tina, Justice is essential.
but constant shifting from one plan to another
In search Of Ideal justice often defeats itself In
purpose. Justice ls never secure while order and
stability are destroyed.
Again:
This country In full Of constitutional lawyers
Just now Words and phrases are given more
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