New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30

,iesh' unreasonable restraint Of trade. or
~ otner words, II was said that he read
inc word unreasonable into the statute
anc apparently that the court had almos,
VI revolutionary manner reversed itself
Ar matter OF fact. Justice White the
Nrst tine this statute wse before the cour,
wrote an opinion couched In tho ,,,ost rro
nounced language to the effect that the
statute must necessarily mean that II wa,
a,n'eo ~ unreasonable restraint OF trade
MY recollection Is that three other Justice,
concurred with him.
IN every other important contest before
mat court he has always. when II was nos.
sio'e taken the same position. and in every
case the prevailing opinion received ma.
)orlty or only one or two There is No
reason why the court itself should not
even ~ " had been composed OF ,be same
nihe Judges who rendered the first decision.
nave reversed itself II Il had concluded
tns' II had made mistake. That hap
pens every once in while There 4. no
'ule OF lew or practice that precudee II.
except when titles 10 property arc in
vowed. and that was not so in these cases 50
Inc decision IN the Tobacco case was
greeted as q signal victory for his client
ov Charles r Csrruth. Of No Rector
street. counsel for r. p. Richardson. ir.
& Co. Incorporated. of Reidsvile. n c
That company wss made ore Of the
original defendants IN the suit brought by
the government against the American To-
Tobacco Trust. although r ? Richard
son. ". y Co were then striving 70 free
themselves rom the gigantic combination
NV clients were forced into the trust
oy threats that their business would b.
DESTROYED said Mr. Carrlth yesterday
But thew We're promised that they could
conduct the affairs Of their concern with
out The interference Of the American To-
bacco COMPANY However. as soon as
they got control they began to interfere.
and then We offered 70 paw back all the
money paid by them II they would re-
lease US
SAYS Client Ia Now Free
The American Tobacco COMPANY re
fused % do this, and action vas brought
IN the New Jersey courts 70 compel Us 10
the transfer % g majority Of stock we
were successful in STAYING this proceeding
until q decision should be handed down BY
the Supreme Court The result OF this de-
cision will be TO free US from the trust.
T believe that the Tobacco case decision
together with that IN The Standard OIL
case viii prove the most important ones
ever handed down, important both IN the
g~-ta - tt- fr-ra AZ
Of business
These decisions will put new life into
the business man uho wishes 20 conduct
his business independently, IL will free him
from the fear of threats ans paraly5ing in
reference from large corporations, as has
been the case in the past
And YET J think that nc large corpora
ton that desires 70 conduct business legiti-
natelv and not for stock tobbinE purposes
need have any fear OF interference from
the courts But the decisions will un-
douhtedlv b great check on those largo
speculative corporations THAR have been the
footballs IN Wall Street They will also
check the unjust methods BY which com
oeting companies we're choksd Of oy
larger and more powerful corporations
which compelled them 70 come under their
control ard domination.
r ? Richardson Jr e % is Nav
Jersey corporation. with capital stock Of
10000 and an Outstanding bond issue ~
500. 900 According 70 Mr.. Carruth. IL vas
smoking tobacco.
When the agreement rss made with the
American Tobacco Company z majority Of
The STOCK Of 2 ? Richardson. Jr. 3 Co.
was transferred 20 'he name 81 Z ?.
ichardson. jr. with the understanding
that - should be again transferred 70 4
man designated by the American Tobacco
COMPANY. Before ths final transfer was
made the Richardson's found that they
could not conduct their business freely. re
fused rhe transfer and offered 70 repay al
Snonevs received The American Tohscco
COMPANY refused that offer.
r Pobert 1lathef. chairman Of the board
~ directors OF the Westinghouse Electric
And Manufacturing Company. said he could
no4 discuss the decision a. any length
mil he had taken time % read me de-
tailed reasons T-hv The Supreme Court had
decided that The American Tobacco Com
,er,- u,ac q monopoly The facts which had
led 70 that decision. he said. we're now the
important factors - any prediction NJ
fhture changes
The, gave US an interpretation ~ the
La IN the STANDARD on decision, Mr.
aa-ber explained What now interests
tbs business world - iust what conbina-
+io1 ~ facts they nov hold 70 be viola
rior ri that law The details ~ this de
cfsion I'll ~ long vsv toward helping
,bose tis coroorsrions which now aren
-,,,+s sure rhethsr thew come under the
80, .-rst law or not 70 determine What
their status ~
w 1rather thought those which decided
10. .oev were viola ting the isu' would i'm
,,sdia-Al,- begin readiustnent but ne
said that he had no idea how many there
would te Fe remarked. too. that such a
stan would he rather delicate msfer'
be,ns I'm 4 way almost equivalent 70 con
.essior Of guilt However. he said - was
-vohsbie that the corporations which had
80, formed hv the absorption ~ smaller
oo,-srn. after the manner Of the Stand-
I'D Or ana the American Tobacco com o.
rsrv would he asking themselves Vhetne'
- bs1 m. better change their organiza-
tions ..,.-
There is one thing which The decision
sbo,ys clearly" continued Mr. Mather'
ea,a that Is that the Supreme Court IN
IL e. nudge each case on It's own merits
81 s.ets dA1nitelv what II thinks IS rea-
1.t,e res,raint OF trade and What an IN
res.o,shIs restraint Some people seemed
inclined 70 criticise Chief Justice "ni'e ioi
This distinction. bur u impresses me-
the ONLY fair and Just one IN oeaine VIII
these country wide concerns