The sun., 1910-05-12

Dtmcultlss % EnIoreinS q statute Withuu
OuAlincallmns.

To rHs EDiroR oP THn sUN-St, A.
snmlnE correctness In Mr.. Malcolm C.mn.
bells citation OF facts. his letter appesrtSv
in TEE SrN Of May must bs accounted
a very helpful contribution toward pub.
lic underst andinR of tho present lnterpFs,,.
lion BY our supreme Court NJ the sherm,,
antI-trise act Substantially Il appear,
that no majority opinion has yet been Ten.
dered declaring that reasonable a. vel
a. unreasonable contracts In RESTRAIN,
Of interstate trade are condemned by tho
atatute In question.
May suggest q reason for assuming thai
such an opinion. even n rendered canno, NJ
vigorously apDliedl Any contract between
A and b IN in fact a contract In restraint N
possible trade between A and G. or between
q and c: but the ABB contract ltself Il
trade, a. much a. would be the oon,ra-,
A-C OF &c. 70 every growing businss,
tends 20 establish = practical monopoly
II some article In a territory Of greater ~
less extent. To condemn a contract merely
because q ls a restraint upon somebody
or because q tends In a given direction
makes all trade impossible. Such an in.
terpretation ls evldentlH absurd. yet Il -
logical conclusion from the theory that the
from judicial consideration.
II viii be objected that 70 import the id.s
Of reasOnahleness into the statute really
means that no fixed rule has been estah.
Ushed By the Legislature. And that is
true, necessarily true Of oil such legislative
efforts. Trade IL not. like a Jelly cake or a
spinal column. q thing made up =! easily
asparn Bile. easily defined layers or articu.
aaaakfNaNa
able. smith may sincerely consider "un.
reasonable II We want 10 leRislats on
subject 30 compiler We must resort IN ancient
methods. We must let a commission or
court tour modern Caliphsi pass upon each
case 80 II arises, and we must accept the DC.
tates of their inner consciousness a. law
Positive limitations may BE- placed upOn the
trade Of one individual or association a.
Tpon the ErOs. amount Of business per.
nitted 20 be done.
Upon he nst profit permitted to be mads
Don DO Ike number or charactsro Of commod.
Ipon the territory In which operation,
" ipSn The conditions surrounding EN-.
pon the prices charged for products o.
services
LVRn m these TelntiNeiN almpls AlWNAs
tinns are considered desirable lsolne would
h. destructivel they would be found hill
Of dificulty In their Application. Ior
their enforcement q degree OF Caliphliks
power must finally he exercised by court
or comm issiOn But the scope Of admins
irntive discretion need he far less than n
tho case OF a statute dealing with such
elusive matters a. "tendenciea, inten-
iiOns- or underlined restraints The pres
ent Htatus OF the sherman act - this In
order 90 prevent u from being utterly De.
sfructive the opinion Of the majority q
me CONT. az cited nv Mr. Campbeli. must
prevail thus Importing the idea Of reason
ableneNr ns a restraint upon the word
restraint This having been done.
will appear that Congress has decreed thai
tho court In iia lsubstanttallyl uhcherked
discretion may annu or rAttfy any con.
tract dealing with Interstate trade. should
he statute not be repealed or declared VOID
for lack Of definitions the court VIII gradu.
ally build no body Of nrecedent. marrow !.
ng somew hat the range of Judgment applied
I'M the end We are ruled in such matters
BY nine n,lemen wearing silk gowns in
stead 81 several hundred weaFtng q medlev
nf costumes IRON tannon's shtrtsleeNet
10 Refers midday sWsllowtatl IN urg-
Ing that nn change be made in the Law the
president end Mr. Nickersham are doubt
less confident that the court viii ind WHv
toward moderation. A. they are 10 deter
mine whether q given case ts or y not a cass
Of restraint they may IN future discover
restraint only In such q case ~ would 70
their Judgment he also a case Of 'unreason-
able restraint
There are more ways 20 kill a cat, &c.
OsCAR Y crosby.
WARnrNrov. Va May