The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-05-04

AIDING THE STATE COURTS.
The supreme Court tremendously
strengthened the hands of the States
III their fight against the trusts by
two decisions 1t handed down on Mon
day. one of these decisions declared
legal the action of the Missouri court
iu dissolving combination OF retail
lumber dealers of Mississippi and Lou
csion of the Supreme Court of Ten
nessee by which the Standard Oil Com
pany of Kentucky was barred from
Tennessee The court was apparently
unanimous in both of these decisions
and gave the States precisely what
they claimed.
Mr.. Justice Lurton, who handed
down the decision in the lumber case,
did not hesitate to speak his mind on
the subject. He accepted without
question the decision of the State
court as to the purposes of the lumber
trust and said that the corporation
was unquestionably in restraint Of
trade. The only question raised in
his mind was whether or not the find
inss of the trial court were uncon-
stitutional in that they prohibited any
lumber dealer from making contract
with a lumber trust. on this point
Judge Lurton repeated the old doctrine
that where any lumber dealer had a
right to make any contract he desired
with any other lumber dealer, he for
feited his right of contract when lie
formed conspiracy in restraint OF
trade. He therefore held that the con-
stitutional requirements for freedom
of contract We're not violated by the
the lumber trust from making any
contracts with any individual dealer.
This is sound logic and it cannot be
disputed for moment by any one. tt
Federal courts from the first in deal
ing with suits entered by the United
States against any corporation, but it
has not been employed generally in
suits entered by. the States against
corporations. The chief Importance of
these decisions. therefore, lies in this
very fact, for it Is manifest that where
it is allowed that the states have
power to dissolve any combination in
restraint of trade without violating the
constitutional guarantee of freedom OF
contract, they will be able to deal
much moro eftectually in their cam
paign against illegal trusts
1t is significant that this decision
was handed down by now member of
the Court and it is likewise significant
that 1t has been reached since the
personnel of the Court has been some
what changed by the death OF Mr..
Justice Peckham and Mr.. Justice
Brewer. 1t is perhaps unfair to say
that such q decision would not have
been reached when the two late Jus
tees We're on the bench, but it is
worth noting that the Court has
taken new and high ground on the
subject Of state trust regulation since
new Justice came on the bench
Mr. Hughes who is soon to become
one of the Court Is generally regarded
as an opponent or large combinations.
and 1t seems not improbable that his
voice, added TO that Of Judge Lurton,
will give the country an entirely new
line of decisions within the next few
years. 1t is not too much to say that +
their appointment may even indicate an
entire change of front in the Supreme
Court regarding the control of great
If such be the case, it
is manifest that a great--perhaps the
Observation-Disclosures problem of the
day may be nearing solution. What |
is sauce for the goose is sauce for the
sandcr and what is legal for the sup
preston Of the lumber trust in Mis- ,
sissippi and the oil trust in Tonnes
sec may be legal for the control of like
trusts in every State.
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