Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1909-02-11
rivisions of the Sherman antitrust

cision in the Waters Pierce Oil
Company case the court held that it
was not essential that an actual mo-
nopoly should be effected in order to
render the proceedings illegal. Even
tendency toward monopoly might
be regarded as offensive to the law.
and the law-making authorities had
the power to penalize acts or agree
ments of this character.
unfortunately today's decision was
a five-to-four proposition, while the
Waters-Pierce decision was unani-
nous. Justice Harlan wrote the
opinion of the mapority of the
court in today's case. Inc ulssent-
ing opinion was handed down by
Justice Holmes and was concurred
in by Justice White, Brewer and
Peckham.
Justice Harlan's opinion dealt in
detail with the various phases of
the case. 1t is based on third de-
fense of Voight that the company
Is part of trust. He started out
with the proposition that the Con-
tinental Company is within the pro-
hibitiOns of the Sherman act, which
he said is clear from the facts set
forth in it's defense. He then went
is the representative of a combina-
tion which would have the effect not
only of restraining but of monop-
olizing the sale and manufacture of
paper.
"The Continental Wall Paper
Company he said, "seeks in legal
effect the aid of the court to eli
force a contract for the sale and
purchase of goods which, it is admit
ted by the demurrer, was in fact and
was intended by the parties to be
based upon agreements that were
and essential parts of an illegal
scheme. We state the matter in
this way because the plaintiff, by
its demurrer, admits for the purpose
of this case the truth of all the
facts alleged in the third Defense"
Further along Justice Harlan
said:
The present suit is not based up
on an implied contract of the de-
fendant company to pay for goods
that it purchased, but in fact is bas-
ed upon the agreements to which
both the plaintiff and the defendant
were parties, pursuant to which the
accounts sued on were made out, and
which had for their object, and
which it is admitted had the effect
to accomplish the illegal ends for
which the Continental Wall Paper
company was organized. If judg-
ment be given for the plaintiff the
result will be to give the aid of the
court in making effective the illegal
agreements that constituted the for
hidden combination. The
question is whether the plaintiff
company can have judgment for the
amount of an account which 1t is
admitted by demurrer was made up
with the knowledge of both seller
and buyer, with direct reference to
and in execution of certain agree
ments under which an illegal COM
bination, represented by the seller
was organized.
Saying the adjustment in favor of
the company would give effect to
agreements constituting the illegal
combination, Justice Harland said:
We hold that such judgment
cannot be granted without departing
from the statutory rule, long esctab-
lished in the jurisprudence of both
this country and England, that a
court will not lend it's aid, in any
way, to enforce or to realize the
fruits Of an agreement which appear
to be tainted with illegality, al
though the result of applying that
rule may some times be to shield a
defendant who has got something
for which as between man and man
he ought perhaps to pay, but for
which he is unwilling to pay.
In conclusion Justice Harlan said:
Upon the whole case and without
further citation Of authority, we ad-
Judge upon the admitted facts that
the combination represented by the
plaintiff in this case was illegal un-
der the antitrust act of 1890, Is to
be taken as one intended and which
would have the effect directly, to
restrain and monopolize trade among
the several states and with foreign
states; and that the plaintiff can
not have judgment for the amount
of the accounts sued on, because
such adjustment would in effect be
in aid Of the execution of agree
ments constituting the Illegal COM
bination. We consequently hold that
the Circuit Court Of Appeals proper