The sun., 1910-05-02
The Anti-trust Law.

Ths lannented death cf Justice BREWER
has brought serious consequences BE-
cause Il has for many months 10 come,
- u generally thought, deprived the
buhiness Of the country Of another effort
by the Supreme Court 20 remove am
biguity, uncertainty and injustice from
the antitrust law. BY reason Of the
failure Of Congress in the last dozen
years and since the division Of the
Supreme Court by to Z in 1897 over
the intention and meaning Of that un-
fortunate statute, the State corpora
tons which conduct the industries Of
the nation have been compelled 70 look
20 the court for a legislative rule, made
by the court and not by Congress, to
guide their operations. That condition
h scandal which ought not to have
existed and should not longer exist. Il
Il the business Of Congress TO make
Federal law which the people can un-
derStand, and Of the Supreme Court to
apply Il.
The serious consequences 20 which We
refer exist in the probability that unless
Congress shall straightway put clarity
and reason into the antitrust law the
President and the Attorney-G General will
Peel theWyslveS constrained to create an
industrih and financial panic even worse
than that Of 1917. That probability IL
disclosed in the Presidents special mes
eage to Congress Of last January, in
which, alluding TO his duty and pur-
pose 10 investigate all State corpora
tons suspected Of violation Of the exist
ing ambiguous antitrust law. he said:
rhs vnrk Ia = heavy one. but n Is no, beyoud
NE power Of the DepsTtmsa Of Justice n sun.
risai funds are furnished 70 earn On the invssd.
gauont and Iky TOE counsel engaged IN the work
But such an Investigation and possible prosecution
o. corporations whose prosperity or destruction
aHeca TIE comfort not oaiy Of stOekholasrs hut
of millions Of wage sarnSrs. employees and aSso-
dated trsdesmsn mus, necessarily Ieud 70 disturb
me coincidence Of TIE business community 70 dry
up the aov sowing sources Of capital from ~
piaes of boarding and produce q halt In our
prsssat prosperity that viI eAuss sunsrinE and
strained circumstance amOag the innocent many
for ne faults Of the guilty. iew-
Il is due TO the Attorney General that
the language he used AZ Chicago shall
be examined in connection with that
used by the President in his special
message Mr.. TAYT made a thorough
analysis Of the law Of is9O. He dis
cussed the meaning Of the phrase re
straint Of trade, which for twenty years
has perpleXed business men and the
courts Its definition divided the Su-
prsne Court by TO 4 in 1901 The ma
lonty said the phrase embraced reason
able restraint; the minority said il did
not. The majority said the law Of 1890
embraced transportation. the minority
aaid II did not. Congress ought 10 have
declared Immediately its intention and
neaning. II should declare il now.
The majority Of the court refused in
fssJ 20 read into the statute the word
Unreasonable" before the phrase re
straint Of trade but the Preaiden,
wrote TO Congress few weeks ago that
he court subsequently held that Incl.
dental and indirect restraints are not
within the law. That la.er decision by
the court the President approves. The
restraint Of trade must be direct, in.
evitable. substantial and serious the
adiectives are all his OWn-or the Sber.
man law is not violated, says the Presi.
dent.
Does Congress concur Business men
have a right TO know.
The second section of the antl-tr,Ist
law makes il State prison offence for
any person to monopOlize or attempt %
monopolize or conspire with anybody
20 mOnopolize any part Of interstats
commerce. Why after the RESTRAIN,
Of trade section the monopoly section
was enacted. or what ia the legal relation
n one 70 the other. nobody agrees with
any one else in explaining. The Preai-
dent thinks the second section il "A
supplement- Of the first A direct re
stralnt n trade il deemed bv him a
common methOd Oi obtaining a mo-
nopoly. a means 10 the end, and Con
gress condemned both; but no one ha,
yet given a lucid and comprehensive
definition Of he restraint Of interstats
trade that a State corporation can rsly
upon ~ a sure shield against Govern.
ment inquisition, prosecution and per.
secutiOn.
Perhaps the second section control,
that which American Law had hereto.
fore deemed a reasonable restraint nj
trade and fOrbids State corporation,
% have even tendency 10 monopoly.
a phrase which now gives uncer.
niDty and peril 20 business because ol
isar the ACKNOWLEDGEMENT will max.
inquisition and prosecution II he sus.
poets 20 much ~ a tendency anc
ap0n the theory thai State corporation,
ere b be prosecuted Il they have IN,
pOwsr or capacity 20 restrain Competi
ton. even though they have never sH
saCissd Il. The Republican party. hav,