The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-25
He COMES BACK.
Justice Harlan Takes Another
Shot at Standard Decision.
He Files His Formal Dissenting
Opinion for Record.
CRITICISES THE COURT
Brands as MischievOus the Act
of His Associates.
Points Out Where Previous Rul.
ing Has Been Reversed.

Washington, May 25.- Associate
Justice Harlan today filed in the su-
preme court his formal dissenting
opinion in the Standard Oil case. Not
satisfied with his oral dissent from
the courts decision as handed down
by Chief Justice White. Justice Har-
Ian entirely rewrote the stenographic
report of his remarks from the bench.
The oral dissent formed merely a
framework for the final document,
containing about 5000 words, put on
record today.
Justice Harlan brands as mischiev-
Gus the modification made by the
court in the decree of the lower court
permitting subsidiary corporations of
the Standard Oil, after dissolution of
the combination to make normal and
lawful agreement" among themselves.
Chief Justice White had characterized
this modification as a minor matter"
The further declaration is made by
Justice Harlan that he is convinced
the courts opinion will throw the
business of the country into confusion
and invite widely extended and har-
assing litigation the injurious effects
of which will be felt for r1any years
to come"
I'm connection with what he terms
''mischievous modification Justice
Harlan quotes the chief justice as say
ing that sit does not necessarily fol-
low that because of an illegal re-
straint of trade or an attempt to mo-
nopolize or a monopolization resulted
from the combination and the trans
fer of the stocks of the subsidiary
corporations to the New Jersey cor
poration, that like restraint of trade
or attempt to monopolize or monopo-
agreement between one or more OF
the subsidiary corporations after the
transfer of the stock by the New Jer-
sey corporation.
Taking this language II connec-
ton with other parts of tho opinion"
saws Justice Harlan, the subsidiary
companies are thus, in effect, in
formed-unwisely 1 think-that al
though the New Jersey corporation
being an illegal combination, must go
| out of existence they may join an
agreement to restrain commerce
lamong the states, If such restraint be
not undue
Criticises the Court.
AS in his oral remarks Justice Harlan
deyotes himself largely to criticism OF
the court for holding that not every re-
straint of trade violates the law. He
reiterates that the court reversed Its
| former rulings in the Transmissouri
freight and joint traffic association
cases.
Justice Harlan, referring to other de-
cisions as bearing out his interpreta-
ton of these decisions. calls attention
/ TO one OIL JuuSG 1d1l, IAOW pACSlOOAS, IA
the Addystone Pipe case.
Judge Taft said,'' continued Justice
Harlan, that according to the decision
of the court in the freight association
case contracts in restraint of inter
state transportation were within the
statute whether the restraints could be
regarded as reasonable at common law
or not
"On reading the opinion, just deliv-
ered,'' Justice Harlan adds, the first
! inquiry would be that as the court is
unanimous in holding the particular
things done by the Standard Oil COM
pany and its subsidiary companies, in
! this case We're illegal under the anti
| trust act, whether those things were in
reasonable or unreasonable restraint OF
interstate commerce, why was it neces-
sary to make an elaborate argument as
| is done in the opinion to show that ac-
cording to the rule of reason the act
passed by congress should be inter
preted as if it contained the word 'un-
reasonable or the word undue
'The only answer which in frankness,
can be given to this question is, that
| the court intends to decide that its de-
liberate judgment, Is years ago to the
straint whatever of interstate COM
| merce, whether reasonable or unrea-
sonable was not in accordance with the
| rule of reason
| The Rule of Reason.
| I'm effect the court says it will now.