The Caucasian. (Clinton, N.C.) 188?-1913, 1909-12-02
THE TRUSTS UNEASY
They Claim Sherman Law L.
Too Drastic and Should
Be Amended.
NO GOOD TRUSTS CAUGHT YET

President VIII Await Decision Of the
Supreme Court-H Law is Chang.
ed, It Will Be Strengthened
Whole Country Looking Forward
to Presidents Message With Great
Interest-Co Will Meet Mon.
day.
Especial to The Caucasian.)
Washington, D. c.. Nov. 80. 1909
Many Congressman and Senators
are already arriving in town and the
capital is again taking ON very much
the appearance of the time when
Congress is in actual session. There
is great interest being manifested by
all legislators in the nature and
scope of the Presidents coming mes
sage to Congress. In addition to the
measures of reform that the Presi-
dent outlined in his circuit through
the West. which has already been
published In The Caucasian, 1t Is un-
derstood that the President has given
most careful attention to the recent
decision Of the United States Circuit
Court of Appeals in the Standard Oil
case, and that as result Of that de-
cision, he will not recommend any
amendment to the Sherman antitrust
law until after the Supreme Court
has passed upon that case.
The Position of the Trusts.
The position which the large trusts
of the country have taken since that
decision in declaring that that decis-
ion would result In Congress amend
ing the law so as to make 1t less
drastic, has attracted the Presidents 8
attention and made him deem it un-
wise to even move at the present
time in making 1t stronger.
The Washington Times, in a lead
ing editorial on Sunday on this SUBJ
ject, and also discussing later de-
cisfon following the Standard Oil de-
cision in a rate case, says:
Another Great Circuit Court Decision
LESS sensational and spectacular,
but hardly less important than the
recent Standard Oil dissolution de-
cision at st. Paul. Is the finding of
the United States Circuit Court at
Philadelphia, just announced. In q
railroad rate case.
"The Reading Railway had sought
to enjoin the enforcement of certain
rates prescribed by the Interstate
Commerce Commission. The court
declined to enjoin. and dismissed the
bill. In doing so it announced a view
Of the rate making power of govern
ment that, If sustained. as 1t prob
ably will be, will clear away most of
the difficulties surrounding the whole
problem Of government control of
rates.
Justices Gray, Burlington, and
Lanning constituted the court. and
they were unanimous in the decision
They declared rate-making is not a
judicial function, but legislative. The
Legislature can fix rates either d.
rectly or through a commission to
which power may be delegated. When
such commission has been delegated
the necessary power, and when it acts
in accordance with the laws hear
ing, ETC.. then the court has no bust
ness interfering. The act of the COM
mission becomes law. and the only
ground on which law may be set
aside is the strictly constitutional
ground. In this case, the proof that
the rate was conflscatory would con-
stitute such demonstration Of uncon.
stitutionality.
''This is decision. from one oi
the greatest circuit benches in the
country, which clearly points the
way. There has been too much o1
Federal Courts suspendfng and en-.
joining the orders OF the commission
If the Supreme Court now sustains
this decision it will have served no
tice on the rest of the minor courts
that they have no business recklessly
and thoughtlessly setting aside the
orders of the commission simply be-
cause an attorney chose to allegt
that he didn't like them. The order
Of the commission is to be treated a!
law; to be enforced till it Is proved
an unconstitutional law; and tn,
proof must be made and the whole
case adjudicated. before that can b,
maintained.
"It begins to look as If the courtl
would get the problems pretty vel
settled before Congress can &c
around to them at the present rate.
These two decisions are attractin,
the closest attention Of lawyers here
and the general belief now is that tn
Supreme Court will sustain both O
these decisions.
No Good Trust Caught Yet.
A prominent Government oflcia
expressed the sentiment yesterda
that it would not be wise to respon
to the appeal of the trusts to amen
this law SO that none but the ba
trusts would be caught by 1t unit
some good trust was actually caugh
and convicted, and this view will n
doubt be voiced generally In Congres
, and will meet the approval of th
, country.