The Washington times., 1909-09-23
ANTITRUST LAWS
TESTED THIS FALL
Supreme Court Will Decide
Many Important
Cases.
By JOHN SNURE.

By JOHN SNURE.
Important antitrust and interstate
commerce litigation will be taken up by
the Supreme Court OF the United States
at the outset Of the October term
which viii begin October u. The Sher-
man law and the interstate commerce
laws both will have their scope tested
In the cases which will be brought be-
1ore the court with the opening Of the
term.
The case Of the United States VS.. the
American Tobacco Company, known as
the Tobacco trust case, will be argued
at the opening Of the term. It is set
down for October IL, but as there are
a number of cases ahead of 1t 1t will
probably not be reached until about
October %. This is the most important
antitrust litigation which win be sub
mitted TO the court the coming term.
Action Is Important
II not only involves the question Of
whether the American Tobacco Com
pany and related concerns are combi-
nations In restraint of trade under the
Sherman law, and whether they should
be shut out OF interstate commerce, but
whether the great combination built
around the American Tobacco Company
shall be broken, and whether the broad
Interpretation put on the Sherman act
by the court below shall be sustained.
What the court may do in this case
viii be Of moment in its bearings on
the Standard Oil Company case which
is on its way 20 the Supreme Court, and
is likely TO be submitted 10 that tribunal
the coming winter.
In the Tobscco trust case, it will be
he
circuit court OF the United States for
the southern district OF New York. A
decree was entered TO dissolve the trust
and break up the several combinations
in restraint Of trade which the court
found to exist. In the opinion given by
Judge Lacombe, broad ground as TO
the scope of the Sherman law was
taken He said the language of the
Sherman law was Ito be construed as
prohibiting any contract or combination
whose direct effect is TO prevent the
free play of competition, and thus tend
to deprive the country Of the services
of any number OF independent dealers.
however small. AS thus construed the
statute is revolutionary"
Congress Wants Competition.
Judge Lacoube said further that this
was not 70 imply the construction was
incorrect and that when the circum- |
stances under which the act was passed |
were recalled It would appear that Con- |
gress had set out 70 secure competition. |
The act as he construed IL prohibits /
every contract or combination in re-
straint Of ccnlEettion and size IS not
made the test. Whether the Supreme /
Court will go as far as the lower court
did. remains to be seen.
Several highly important interstate
commerce cases are to be argued be-
fore the court as soon as the term be-
gins. One OF the very first cases the II
court will hear IS the much-discussed /
case of the Southern Pacific and the |
oregon and California Railway Com
psny VS.. the Interstate Commerce Com
mission. This is the case involving the |
direct question Of the right Of the COM
mission to ix railroad rates, which was
certified 70 the Supreme Court by the |
circuit court N northern California, on |
the ground that the court below was i
divided. The Department Of Justice Of II
throw the case out for the reason that II
the court below was not divided In the
sense OF being evenly divided, two
judges taking one position and one TAX
ing another.
II the Supreme Court sends this case
back TO the lower court. then the ques-
ton Of whether the Interstate Commerce
Commission has the power TO fix rates
will wait on the decision Of the Supreme
Court in the Missouri river rate case.
which Judge GrOsscup lately passed on
adversely to the Government. This case
VIII be hurried to the Supreme Court
under the expediting act.
Will Hear Arguments In October.
The Suprems Court will hear argu-
ments at the opening Of the October
term in the noted case OF Stickney ct |
al VS.. the Interstate Commerce Com
mission This is a case of great in
terest 10 all the West. especially 10 the
cattle country. The commission issued
an order cutting down the terminal
charge on cars Of livestock entering
Chicago from 81 per car TO 81. From
this decision, the railroads appealed 10 | Il
the courts and got an injunction against
the order or the commission. Now the H
case goes TO the Supreme Court The i
case is the more interesting in that | 4
the commission first Issued the order II
fourteen years ago. but up 70 the time Il
OF the Hepburn act could not enforce ! L
the order. Under the Hepburn act. the
order was renewed by the commission.
The case Of the Chicago and Alton
vs. the Interstate Commerce Commits
sion and the case Of the Illinois Cen
trail VS.. the Commission will be sub Il
Initted when the October term opens
These cases relate TO the orders issued /
by the commission as 70 distribution 4
Of coal cars. The commission held that ii
Ia dividing available cars among differ- II
ent mines when the supply was not Il
sufficient to meet the full demands of II
Ill private cars and cars used for the III
OF company fuel must H
De counted, since otherwise discrimina- II
ion arose. iii
The lower court sustained the ruling HI
)f the commission that Individual cars III
should be counted. but held that com HI
)any fuel cars need not be, and granted HI
~ injunction with respect to that part HI
)f The order concerning company fuel HI
,ars. This controversy is Of the larg-
1St Importance throughout the coaI- HI
mining and coal-shipping territory. iii
Il n -