Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-05-31
Government Accepts ST.
Dreme Court Decisions
THE RULE OF REASON
Notwithstanding Judge Har-
lan's Vigorous Dissent, 1t
Is Pointed Out That It's
Application by the Court
Is by No Means New.

Washington, May 30.-That the gov
ernment means to formulate its anti
trust policy in accordance with the
rule of reason" as laid down by the
supreme court in the Standard Oil and
tobacco trust decisions, nOtwithstand-
ing the vigorous dissent of Associate
trOduced in the senate to amend the
Sherman antitrust law, was made
evident today
Administration officials after q days
consideration and study of the tobacco
decision and after a thorough COM
parison with the Standard Oil decision
were agreed that the rule of reason"
is no new feature of the supreme
courts Interpretation of the law and
one member of the cabinet whose views
have always been regarded as reflect
ing those of the administration. made
a comprehensive statement to that eff
feet. The statement was attributed TO
IAN official close to the administra-
ton
1t follows in part: Justice Har-
Ian, in his dissenting opinion in the to-
baccO case objects vigorously to the
application in the construction of the
act of congress of the rule Of reason
10 which attention was called by the
chief justice in his opinion in the
Standard Oil case and again in the to-
bacco case. Justice Harlan says that
to insert by construction the word 'un-
reasonable or undue in the Sherman
act is judicial legislation.
Congress- he says. has in language
so clear and simple that there is no
fled it's purpose to forbid every re-
straint of trade in whatever form to
whatever extent, whereas the court, un-
der the chief Justices opinion inserts in
the law, words which make congress
say that it means only to prohibit "un-
due" restraint of trade
This he objects to as amounting to
a reading into the act by judicial legis-
lation of an exception not placed there
by the law making branch of the gov
ernment and this. he contends, the
court cannot and ought. not to do.
"But Justice Harlan has not always
regarded the judicial function as ex-
Guiding the right to interpret statutes
in the light of reason and to refuse
literal application to the words of the
act where they involve Il manifest
wrong. In the case of the Church of
the Holy Trinity against the United
States. the court had under considera-
tion the act of congress known as the
alien immigration act, passed February
26, 1855. The whole OF this opinion
constitutes, in effect, an argument that
a liberal construction should not be
given to the statute but a reasonable
Interpretation, not the rule of the let
ter which kills
"This was nothing more nor less than
applying to the construction and appli-
cation of the statute the right of con-
struction invoked by the chief justice
in the Standard Oil case, namely. that
of examining the case by the light OF
reason lest the literal construction and
application cause a restraint OF all
trade and commerce which it is the
purpose of the statute to prevent"
The supreme court mandate in the
Standard Oil case probably will be Is
sued at the request of the department
of Justice soon after the court clerks
office is opened tomorrow The SIX
months given to the Standard on to
dissolve will begin with the issuance OF
the mandate 1t is regarded as more
than doubtful that the tobacco cor
porations will avail themselves of the
opportunity granted by the court just
before it adjourned to file motion for
a rehearing within thirty days. the
attitude of the court is regarded as hos
tile to such a request.
A resolution calling upon the attor-
ney general to inform the house wheth-
er he had undertaken criminal prose-
cution of the American Tobacco COM
pany and its officers was introduced
today by Representative Burns of Ten
nessee. If such prosecution has not
been instituted the attorney general Is
required to explain his position. The
resolution names specifically all the
constituent companies of the tobacco
corporations, together with their offi-