The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-05-16
HARLAN IS BITTER
ON THE DECISION
Oldest Member of Supreme
Court is in a Class by
Himself
SAYS LEGISLATING,
NOT INTERPRETING
With Extraordinary Vigor and
Much Irony. Denounces
Use of "Unreason-
able in Decision

WASHINGTON. .. C., May 1s.--
The oldest member or the Supreme
Court OF the United States. both in
years and point OF service, John Mar
shall Harlan, of Kentucky, stands in
class by himself to-day as the most
progressive member of Americas
highest judicial tribunal. He will be
seNenty-eight years old June !, and
has served as an associate justice OF
the supreme Court for thirty three
years.
With gigor most extraordinary for
a man OF his age. Harlan took his
stand in opposition to the other eight
members Of the court. and contended
that no concessions should be allow
ed monopolies; that the decision In
the lower court In the case Of the
Standard on Company should be af-
nrmed without amendment.
Harlan Is Bitter.
Harlan denounced with irony and
In bitter terms the action of the chief
justice and the other associate JUS
toes In declaring that restraint OF
trade must be unreasonable to come
within the meaning OF the antitrust
law. He declared that the court was
iegislating. not interpreting. the law.
The aged turist has been In falling
health, despite his robust appearance,
for many months. The action of the
President in elevating Justice White
over Harlan's head to be his chief
was severe blow to the old mans
pride. but he has held up we'll Mrs
Harlan, but a few years hts junior
who watches him at all times OF
strain. sat in front seat during his
recital. When the fiery eyes of the
fighting Justice met the gentle CLEAN
OF admiration and pride which his
wife gave him he took courage against
his odds and there was q little play
of tense heart interest In the highest
court.
Some Harlan Eptgrams.
Some OF his epigrammauc state
mentS follow:
TIP to this day Congress has been
satisfied with the law as written. and
to-day i, stands that every contract
In restraint OF trade is Illegal.
1T does not rest with this court
by a process OF judicial legisla ton
wholly untusrinable. to read into the
laws words not written there by the
legislative branch Of the government.
The most alarming tendency or
this day. in my judgment. so far as
our institutions are concerned, is the
tendency Of judicial delay.
When men Of vast interests are
concerned. and they cannot get law
makers TO enact amendments to con-
strue the law as they desire. they
spare no efforts to get the case be-
sssFtss the courts in an effort to havs
the courts construe the constitution
and the statute TO mean what they
want them to mean.
New the court i'm the opinion in
this case. says that this act of Con-
gress applies TO only unreasonable re-
stratnt. That Is what the great COM
hinattons fifteen years ago said Con-
gress intended Now we are to
change the rule that has so long
been laid down and say that an agree
ment may be made In restraint OF In
tnrstetta trade, provided IT Is a lawful
restraint.
The opinion to-day means that tina
court may by mere judicial construc-
ton amend the Constitution of the
United States and amend the statu-
tory laws"