The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-11-16
HAS NO
DISCRETION
IN THE MATTER
Sweeping Character of DeciS-
ion in Tobacco Trust Case
4rouSeS Great Interest.
LAWYERS NOW AT WORK
UPON APPEAL PAPERS
JUDGES ARE MORE INCLINED TO
INTERPRET LAW AGAINST
THE TRUSTS.

New York Nov. 1.-THE sweeping char
scter OF the recent decision of the United
States circuit court in declaring the Amer
lean Tobacco company 10 be a cOmbina-
lion IN restraint Of trade is attracting
widespread attention in business circles
and among members of the legal profess
sion who have given special attention 10
the trust Question. not so much for its i'm
mediate effect on the allied tobacco IN
terests. but more particularly for its scope
and effect upon all classes of industrial
combinations engaged in interstate traf-
6r An appeal Of this decision to the
T-7itad States supreme court IS now IN dc-
tive process OF preparation by counsel IN
the case.
Scope Growing Wider.
There has been a series Of judicial in
terpretations OF the Sherman act, both in
The federal court and in the United States
supreme court. bur the consensus Of opin-
ion is that the recent decision in the to-
hacco case gives a definiteneSs and scope
Of Interpretation far beyond any. judicial
utteranCes heretofore made. The fun text
OF the decision now available. covering
forty-fOur large printed pages. shows the
far-TeaChing nature OF TINS latest expo
sition Of the law IL also dlSclOSes in the
language of the judge the gradual devel-
opment OF judicial Interpretation of the
law I'D TO the present time Judge Coke.
one Of the concurring judges, stating that
since the knight case against the sugar
refinery the pressure has been constantly
toward a wider scope Of the statutes.
Decision in Knight Case.
The Knight case was the first under the
sherman act 10 reach the supreme court.
IL was decided In January 1895. and held
in substance that a combination % re-
fineries 10 manufacture sugar was not
within the act, because manufacture alone
-. g. =
control Of congress- An examination of
Numerous cases since the Knight case
leads to the conclusion, Judge Coke says,
that there has been general tendency
towards a broader and more liberal con-
StFlIcti0n Of the statutes IN the Northern
Securities case the opinion reviews all
former decisions and fOTInulates certain
propositions Some % these Were as fol-
lows. -
The antitrust act embraces and de-
clares to be Illegal every contract. com
bnatiOn or conspiracy, in whatever form
Of whatever nature and whoever may be
the parties TO it, which directly or HeceS-
sarlN operates i'm restraint of interStat T.
" International trade or commerce. The
act is not limited 10. Unreasonable re
suaints, but embraces all direct -
straints.
Restraint of Trade.
The natural effect Of competition is
70 Increase commerce. and an agreement
whose direct effect is 10 preevnt this play
NJ competition Restraints trade and com
nerce. To Vitiate such an agreement or
combination IL is not necessary TO prove
a total suppression of trade. it is only
essential to show that by its necessary op-
Grafton IL tends TO restrain Interstate or
International trade or commerce. or tends
70 create monopoly in such trade oT
commerce, and to deprive the public of
The advantages that flow from free COM
petition"
In the case OF Loew versus I.awler. the
nited States supreme court held the
Sherman act applicable to members of q
labor organization who. by means of .
boycott. were endeavOring 10 destroy the
business Of a manufacturer of hats. The
only distinction between the Knight case
And the LOeW-I.aWler case is that i'm on.
the acts complained OF related to the man
ufaCtuTe and sale OF sugar, and in the
other TO the manufacture ana sale Of
1r..He