Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1911-05-17
Supreme Court Justice Says They Have
Usurped Legislative Functions
COURT REVERSES ITS OWN DECISION
Interpretation of Antitrust Law in Standard Oil Case
Not in Accord With Its Interpretation in Other
Cases-"Men of Power Try Influence Courts" :"
Says the Justies-Taft Disappointed.

Washington. May 1s.-Governmenta
over the greater part of today to
discussion of the supremes ccurt dis
position of the Standard OIL case.
Opinion Not Fully Satisfactory.
While there was much qualification
in administration circles over the or
der for the dissolution or the giant cor
poratlon. which had been declared IAN
unreasonable combination and mo-
nopoly in restraint of trade, there un-
auestlorR blE was also some misgiving
as TO the Interpretation of the anti
trust law giving 10 courts the right to
determine whether or not monopoly
WIS reasonable" and declaring a
reasonable" monopoly not to be in
contravention of the statute.
Taft a Little Disappointed.
President Taft who. a little more
than a year ago in a special message
L. congress. declared that under SUI
preme court precedents. there could be
NJ such things as reasonable" and
unreasonable" restraints of trade or
in other words. good trusts and bad
trusts" was said today to have been
rather keenly disappointed that the
court should have seen fit to reverse
ttself in this important matter
Taft and Harlan Coincide.
President Taft's message was freely
quoted about the capitol today and the
Seeming similarity as TO the scope of
the antitrust law to the view express
ed by associate Justice Harlan in his
dissenting opinion Of yesterday, at
trscted attention to Justice HarIan's
position as outlined in his statement
10 the court following the handing
down of the majority opinion of Chief
Justice White
Judges Usurped Legislative Rights.
Justice Harlan held that his brother
Judges had no right to usurp the func-
ton OF the legislative branch of the
government bv writing into the stat
ute differentia ton between reason
amle" ana unreasonable" He de-
clared that congress had resisted all
appeals to so amend the act ard that
they could never be put through the
legislative branch. Under these cir
c1tnstanees. and in their extremity,
great aggregations of wealth applied
TO the court IN effort to have it
construe the law in way that world
be fat reversal of what it had held
on Two previous occasions.
The Most Alarming Tendency
Justice Harlan declined to be par
o. % such a reversal and hence his
dissenting opinion. lie denounced as
the most alar-'ins tendency OF the
DAY the tendency to judicial lexisia-
ticn. Men OF power, he said. always
were tfylnE 70 get the courts to do
What congress Would not.
Taft Defers to the Court.
Mr.. Taft was quoted BY callers to-
d. rs saying.
y defer to the decision Of the su-
prems court. / am willing to take my
Law from it," Generally speaking,
democratic senators and representa-
tiFes today frankly expressed their
disa ppointmeHt as TO the "ru!e Of rea-
SON feature Of Tho dpcfefon
Cabinet Discusses Opinion.
The Stan5ard Oil decision occupied
the cabinet almost exclusively at to-
daNs session and President Taft,
having read IL over twice. also dis
cuSsed its purport with some of his
callers. The attitude of the president
himself. that ne should defer 30 the
supreme court and accept their law
as his Law. was reflected by the cabi-
net. Whatever their opinions might
DO. none OF them was willing to all
nit That the decision was (dispIeasing.
viii Await Tobacco Decision.
There is a disposition among cabi-
net members TO await the decision of
the sapre me court in the tobacco case
That decision is expected May 20 and
until then 20 policy Will be outlined
by trs adf1inistra tion to strengthen
the anti-trust law or solve a problem
that yesterdays decision seems to have
Ah-t0t hAOIE NeAdtlOuS l1h0 ever De-
fore.
No Special Message.
To visitors tonight President Taft
declared that he mad no present inten-
ficn Of sending = special message to
congress proposing additional anti
trust legislation. There is no inten-
ticn upon the part of the administra-
tion TO check the activities of the de
partnIeDt Of justice. Trusts found vio-
iafing the antitrust act will be pro-
ceeded against. as in the past.
Probably No Criminal Procedure.
Although the matter has been con-
sdered. it seemed probable tonight
that there would be no attempt to
proceed crimlnally against the direc-
the cabinet is more likely TO favor
federal corporation law than an
amendment to the Sherman act.
Justice Harlsns statement follows:
Text Of the Opinion.
feel constrained ny sense OF duty
to state some objections which I have
TO the opinion of the court which I
have heretofore examined in typewrit-
ing. shall not say anything about
the decree, except TO say that upon
hearing the arguments on this act some
llaJs- ago. and since my examination
fnis case. / Carne to the conclusion
that the decree Of the circuit court was
substantially right in all particulars
Coneurs That II is an illegal Combin-
alton.
As 10 the modification referred to by
fhe learned Judge, when / see the
opinion and the decree In print, | can
understand them better. and in the
opinion which / am hereafter to hle I
can express nv views distinctly as to
those notifications. As to all the chief
Justice has said about the illegal COM
bination Of this oil company and its
coming within the antitrust act,
cordially concur.
Cannot Approve Some Things.
There are, however. some thongs in
this opinion and that are to result
from this opinion, which / think may
very well alarm thoughtful men or
many thoughtful men,: and / am un-
willing to let them pass with any idea
That / approve them.
Conditions Which Gave Birth to Anti
Trust Act.
The antitrust act of 1890 was pass
ed at time this country was in a
state of great unrest. arising out of an
enormous aggregation OF capital in "a
few hands. and arising ont of conbin-
otlous which had their hands upon the