The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1911-05-17
RADICALS NOT
At ALL PLEASED
Oil Trust Decision Only a
"Slap on the Wrist"
SAY IT IS A COMPROMISE

General View Among Members of Con- |
qress is That the Supreme Courts |
Opinion Was So Worded as Not to
Disturb Business Conditions or Gre
ate a Panic-AIways Conservative
When Business Is Involved.
Washington, May 17-Radical trust
hunters in Washington, when asked
for opinions of the Standard Oil de-
eision, refer to the bulletins from the
New York stock market, showing
sharp advances on all stocks at the
opening "The trusts have been
slapped on the wrist" slangily cpl
tomizes the comments.
For the most part the lawyers OF
congress have not sufficiently digested
the long decision to render an opinion
upon II. Most of them, however, have
read Judge Harlan's dissenting opin-
| ion and they are giving 1t serious
| thought More than one good consti-
| tutional lawyer agrees with the COM
| ment of Senator Culbertson, that 1t is
| judicial legislation"
| The radicals have no program for
| further antitrust legislation just now,
| for they have almost been taken of
/ their feet by the doctrine laid down
by the court, that there is difference
between reasonable and unreasonable
restraint of trade. They are also con-
fronted by the intimation from Chief
Justice White that literal constructor
of the law might render 1t unconstitn-
tional To attempt to make 1t more
drastic might be to work its undoing.
Even in the presidents cabinet there
lis sentiment which indicates surprise
a. the construction placed upon the
law by the court. Secretary of the
Interior Fisher said that he had not
yet had time to read the decision care
fully, but he made this significant
statement:
Il had always supposed that the law
was brCsad enough to mean that any
Irestraint or monopoly was violation
of it."
Regarded as Compromise.
The view taken in Washington is
that the supreme court arrived at a
compromise in order not to disturb
business conditions or create a posi-
BILE panic. 1t has left any trust prose
cutions In the condition where every
hot
general definition as to reasonable and
unreasonable restraint is given, bu,
every pending case is law unto II
self Each will have to be decided
!. | upon it's own merits, the issue having
become one of fact almost entirely.
1t is well known that the court hal
always been conservative when !
came to a situation where the stabil
. Iity of business was involved and has
been slow to act in manner which
would upset it.
In connection with this attitude o
!, the court Justice Harlans $ dissent !
regarded as somewhat remarkable. HI
lis the Oldest member of the court, botl
In point of service and in age. He l
e Regarded as a conservative judge ant
D has a record OF being a very stric
0 constructionist Therefore, Harlan
d opinion is being read with unusua
e care. The closing sentence OF 1t
e looked upon as almost sensational, TO
r it says:
l. "The opinion means that the court
j. may by mere judicial constructio
Il amend the Constitution Of the Unite
+. States and amend the statutory laws,
4. It is almost coincidence that ther
was introduced In the house a bill
# accomplish by legislation what th
a. supreme court has already done In e
;" fect--write the word unreasonable
81 into the Sherman antitrust law. Th
n. bill was introduced by Representa-,
70 Jefferson Levy OF New York.