The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-05-27
HARLAN .:.D|SSENTS.
SUPREME COURT MEMBER SEES
DANGER IN STANDARD OIL
DECISION
No Right to Read Words Into Law
Which Congress Has Not Placed
There--Decision Harmful

lOudy Uleu lOTludl ulSSeHtllS opiu-
| ion which he expresses, fear for the
stability of business as result of the
recent decision in the Standard Oil
case
He assais the other eight members
| OF the court for interfering with the
people, the source OF all legislative
power" and sets forth his belief that
| the majority opinion, instead of bene-
| fling business, will result in much
agitation, the injurious effects OF
which will be felt for many years 10
come.
In the course of his opinion, Judge
Harlan says:
The disposition of the case under
consideration, according to the views
CT The defendants. will, it is claimed
quiet and give rest to 'the business
Of the country
On the contrary | have strong
conviction that it will throw he bust
ness of the country into confusion
and invite widely extended and ha@
RAISING litigation, the injurious effects
Of which will be felt for many years
TO come. When Congress prohibited
every contract, combination or mono.
poly in restaint of commerce, il pre-
scribed a simple. definite rule that MI
could understand, and which could be
easily applied by everyone wishing
10 obey the law, anu not to conduct
their business in violation of law,
But now, it is to re feared, we are
10 have, in cases without number, the
constantly recurring nquiry-diIi-
cult to solve by proof whether tie.
papticular contract combination. CT
trust involved in each ease is or not
an unreasonable or undue re-
straint of trade. Congress, in effect,
said that there should be no restraint
Of trade in any form, and this court
solemnly adiudged many years ago
that Congress meant what it said in
clear and explicit words, and that it
could not add to the words Of the act.
But chose who condemn the action
of Congress are now, in effect, in-
formed that the courts will allow such
restraints of interstate commerce Us
art shown not to be unreasonable or
undue.
1t remains for me to refer, more
fully than have heretofore done, to
another, and, in my judgment-if We
look to the future-the most import
tant aspect of this case The aspect
concerns the usurpaiion by the judi
cial branch of the government of the
functions of the legislative depart
ment.
The illustrious men laid the founda.
lions of our institutions deemed no
part of the national Constitution
of more consequence Iof our
form Of government than the
provisions under which were dis.
tributed the powers of govern.
ment among the three separate,
equal and coordinate departments,
legislative, executive and judicial
New in Government.
This was al that time a new feature
of governmental regulation among
the nations of the earth, and it is
deemed by the people of every section
of our own country as most vital in
the workings of a representative re-
public whose constitution was or.
dainel and established in order to ac-
complish the objects stated in its pre-.
amble by the means, but only by the
means, provided either expressly or
by necessary implication, by the in
strument itself. No department Of
that government can constiuitionally
exercise the. powers committed
strictly to another and separate 9e-
partment.
| said at the outset that the action
Of the court in this case might we'll
alarm thoughtful men who revered
the constitution. | meant by this
that many things are intimated and
said in the counts oppnon which will
not be regarded otherwise than as
sanctoning an invasion by the jude
iary of the constitutional domain of
Congress--an attempt by interpreta-
tion> to soften or modify what some
regard as harsh public policy.
"aydiclal LEGISLATION
This court, let me repeat, solemly
adjudged many yefs ago that Il
coul,l not, except by judicial 1egfs-