The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-05-17

that there would be no attempt TO pro-
coed crlminally against the directors
of the Standard OIL.
At this time the President is not
determined whether nc Will press the
Federal incorporation bill. which he
recommended TO the consideration of
Congress moro than year ago.
lie told callers Tonight that he still
believed in the merits of that bill.
AS whole, the Cabinet is more likely
TO favor a Federal incorporation law
than an amendment to the sherman
net
Harlan. Opinion.
Justice Harlan's dissenting opinion.
delivered orally and without notes.
was available In Its entirety for the
first time to-day and received most
careful consideration.
as TO al! tho Chief Justice has said
about the illegal combination of this
oil company and it's coming within the
antitrust act. cordially concur" said
Justice Harlan Al tho outset
There arc, however. some things in
TINS opinion, and that are to result
from this opinion, which ! think may
very we'll alarm thoughtful men, or
many thoughtful men, and am un-
willing to let them pass with any idea
that ! approve them"
Justice Harlan referred to the anti
trust net Of 1890 as being passed at
time OF great unrest. regarding ag-
gregation of capital. and referred to
the Supreme Court decision i'm the
trans Missouri and Joint traffic cases.
saying that no view was pressed in
this case that was not brought out
In those two cases. under which. liz.
supposed, millions of dollars OF prop
crty have changed hands. and thar
unsuccessful efforts had been made at
every Congress TO get the Sherman
anti-trust law amended.
The trans Missouri case, he pointed
out, involved construction as to the
scope and meaning OF that antitrust
law.
Who was here to instruct the cour.
on tint occasion? We hear good
deal about the lamp of reason We
boar that the time has come when we
should hold mp che light of reason
and look mt this act. as if the men
OF chat day. freshly after the pa ssage
OF the act, were moving about in
darkness, and did not know what thoy
We're doing or saying"
He named distinguished counsel IN
that case. and later on, referring 10
the Sherman act, said:
Prosecutions have been instituted.
and suppose men have been con-
-victcd and sent to jail under the anti
trust act. upon the construction that
| this court has given to It.
Il lie court in the opinion in this
case. says that this act of Congress
! means and embraces only unreason-
able restraint OF trade-in fiat contra
dic,ion 10 what this court has said NJ
teen wears ago that Congress did not
Intend
! III you will take the trouble TO look
I through the Federal Reporter, you
will hnil that possibly nearly every
Federal court in this country has ac-
{ ccptcd those original decisions rs the
/ iinal decision OF this court ms to the
F.! meaning Of tile act of Congress.
":Iow we are asked to change the
| rule, AMI 10 sayt II may be true that.
| IN The words Of the statute. this con
I tract. or this agreement. Is In restraint
| OF Interstate trade. II may he. Rut
| II is lawful restraint of trade. il is
81 lawful restraint contrary TO the
! decision Of this court.
/ u say contrary to the ptactic, anG
4 useges Of this court III 7 mistake not.
has been compelled To take his seat
70 stop tie particular line of aryu-
/ mont that he was pursuing because
/ nc was arguing against Il former tcci-
sion of this court on thai very tues-
ton lie was wanting 10 break down
that former decision"
WIN Not Br Amended.
Justice HARLAN. in calling atten, ton
70 these Two casig. undc, which ~
supposed billions Of dollars o. prna.
rrty have changed hands. dccjIrcl ,.,n,
there has been an effort at every ses.
SION OF Congress to &c, tile sherman
antitrust law amended I'll 1rvcr IA,
been amended said he, "and there /.
not man in the country to-day whe
does MOI know that IL never win i,
iimenhed by the Congress Of the United
Siates 70 mean what they wanted Con
sress 10 have IT mean, and which con
sress refused to have IL mean; Is 81
the conrts so TO construc IL m
In the now no, very short life ina,
have passed In this capital. and M.
public service OF tho court. m. n,oa.
alarming tendency OF ihis day. IA m,
judgment, 90 far as the safety ana IN.
'egrisy q our institutions IRE con
ccrntu, Is tho