The Washington herald., 1911-12-31

ROUND the word reasonable the
n Taft-recreated supreme court has
\ woven a new legal program Of
trust regulation for the guidance of ma
tionaI and state governments. That word
was Interpreted into the Sherman anti
trust law nrst on May Is, when the SUI
preme court had the final say in the long
Contested government suit against the
Standard Oil Company. The opinion OF the
court was unanimous that the big ROCHE
Teller concern had carried on monoPoy
in violation of the law and that 1t must
dsintegrate into its component parts
within six months.
Harlan's Dissenting Opinion
But there was one vitality dissenting
opinion as to the basis of the decision.
Eight members, including the GhleI JUS
lice, held that the trust was illegal De
cause its restraint OF trade was 'unrea-
sonable,' arguing that this must nave
been the intent of the men VINO wrote me
law and enacted ii. Any other view, SAID
these Judges, would make the law impoS-
sible OF enforcement, as it would crush
every sort of normal business rivalry.
But Justice Harlan, with profound conVlc-
ton. held that the question of reason
ableness could not be considered, and that
If the law needed amending congress
process of judicial legislation wholly un-
justifiable.' Solemnly he warned thS
court and the country against TINS ten
denCy. The Standard Oil Company pro
at least in form, by dividing It's STOCK
INTO fractions corresponding to the thirty
odd subsidiary companies, Win ne" III
Iectorates; ard this plan went into enecC
on May % the supreme court knocked
tut the tobacco trust with the same uns
Of argument, Justice Harlan again aus
,enting. The process of dissolution was TO
be approved by the circuit court, and TINS
V as done by organizing three distinct cor
poratiOns to carry on the business AFTER
November 90 Victory for the courts and
victory for the trusts was the paradoxlCal
comment on these decisions. for, While
the oil and tobacco trusts had 10 dlsSoiNe,
many other big corporations len tnat Lney
had Something definite on which to build.
portion of the public still doubted the
actual surrender of control by the inter
ests owning the oil and TOBACCO trusts:
The appeal of independent tobacco men
from the plan Of reorganization was de-
MED by the supreme court.
Besides these two great crucial decl-
opinions of popular interest, as follows:
IIy aliGating the contract labor law OF
Alabama; limiting to money the pay
rnent offered TO raArUads LOT uanSpT &s a.
sustaining federal conservation authorlty
in Colorado and California; requiring cor
porations to give up their books TO the
courts and relieving labor leaders OF JAN
sentence for contempt.
Would Break Steel Trust, Too
Runors of the administration's intsn-
tion TO get after the Steel Corporation had
disturbed Wall streets votartes for many
months. and a stock slump in September
was checked only by defiant statement
In self-defense by the trust officials. The
Iong-delayed report Of the commissioner
of Corporations had asserted the virtual
monopiy of ore supply possessed by the
STEEL men and their methods Of price
Regulations had been exposed before the
Stanley committee. Finally, on October
% at Trenton N. j., the blow fell.
Government suit demanded the dissolution
OF the huge combine as Incompatible
with the healthy life OF the nation" Both
the lease OF Great Northern ore lands
and the Roosevelt-permitted Tennessee
purchase of 1907 were declared to be IL
legal. Morgan, Gary, Carnegie and tho
rest were cited to answer. The same
day the trust cancelled the ore lease.
The other more important federal trust
prosecutions of the year were: Against
The Chicago packers, who after numerous
DELAYS on technical points of law were
brought to trial In December, on the
charge of criminal violation of the Sher-
man law: against the various corpora
tons comprising the lumber trust in sew
eral states; against the wire trust. the
offic4als OF which pleaded guilty to technl-
cal violation OF law and were let on
with fines by Judge Archibald, AZ New
York: against the shoe machinery trust.
the hard coal trust the wallpaper trust
and the National Cash Register Company.
The case against the Alaska land grab
The court Of commerce in November