The commercial. (Union City, Tenn.) 190?-193?, 1909-11-26

yer and above all is the law.

property.
, The greatest trust in the world had q
day in court yesterday and against it a
verdict was rendered by three judges.
This verdict orders that trust to be
dissolved abated -annihilated
| Judge Sanborn, presiding in the Unit
ed States Court of Appeals, declares
STANFORD Oil to be an unlawful combi-
nation in restraint of trade.
! 1t is unlawful in that it can stifle COM
petition and does. stifle competition in
commerce.
The decision is far-reaching in its eff
feet, not only on trade and commerce,
but upon the morals of the nation.
1t is reminder to the people that no
matter how great is an aggregation of
money-no matter by whom controlled
it must square its conduct and bust
ness, not only with the forms Of law,
but the spirit of the law, and in the
spirit of the law will be found most of
the safeguards of the peoples liberty
and their fundamental property rights.
This time, in searching through this
tremendous Standard Oil record, it was
fortunate indeed for the American peo-
pie that their judges were men of great
ability, having broad mental sweep of
all the questions involved
Standard Oil was denounced in court
as being trust in violation of the Sher-
man act, which forbids combinations
in restraint of trade, or a combination
to restrict free competition.
The court found Standard Oil to be
such a trust. The kernel of the courts
decision may be found in these propo-
sitions:
Test of the legality of combi-
nation under this act is its neces-
sary effect upon competition in
commerce among the States or with
foreign nations.
If its necessary effect is only
incidental or indirectly to restrict
that competition, while its chief
result is to foster the trade and in
crease the business of those who
make and operate it, it does not
violate the law.
But if its necessary effect is to
stihe or directly and substantially
to restrict free competition in COM
MERGE among the States or with
foreign nations, it is illegal within
the meaning of that statute.
The power to restrict compe-
tition in commerce among the sew
eral States or with foreign nations
vested III a person or an associa-
ton of persons by a combination
is indicative of the character of the
combination, because it is to the Y
interest of the parties that such a
power should be exercised and the n
presumption is that it will be. +"
In these propositions, also, may be
und when a.trust is lawful trust.
Standard Oil of New Jersey is hold
g company of 800, 100000 capital
In 1899 Standard Oil took over ma
rity of the stock of nineteen corpora
0ns in exchange for it's stock. All
ese companies have since been oper-
ed as part of the great machine.
The directors of Standard Oil have
ajority of the directorate of the lower
operations.
Throughout all is seen the control Of
ven men.
The courts find that Standard Oil OPP
ated these other companies in restraint
trade and on this point the decision
rned
Standard Oil is thus declared to be an
tlaw.
Standard Oils offense was that it
lshed competition.
In dealing with the public it was not
,gether bad trust. 1t gave honest
easures, sold goods at what they were
anded to be and did reduce the price
oil to the consumer from what it was III
lrs ago. Hi
But in the big thing it offended. 1t II
1ght absolutism in trade-it sought ii
make itself commercial car. and -
rdom, be it over State property, is =
ensive to the spirit of this republic m
It is fashion among light-thinking
profess lack of faith in our courts.
This decision is a reminder to all peo-
that the courts, under the control of
ID judges, are the bulwarks of Amer
n liberty
This being so, then LET US TRUST THE
JRTs IN ALL THINGS AND AT ALL TIMES.
courts are not infallible. Here and
re are bad Judges. But no human