Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1911-12-06

u tn statuts. This = wholly untxuA
4 reasonable restraint Of trade ct con-
mon law b well understood ana b
clearly defined. It does not rest In the
discretion or the court. 1t must b.
limited to accomplish the purpose Of
lawful main contract to which in order
that It shall be enforceable at all u
must be Incidental II 1t exceed the
needs Of that contract It il void.
The test Of reasonableness was never
applied by the court at comman law
to contracts or combinations or con
spirncies In restraint Of trade whose
purpose was or whose necessary effect
would be to sti1e competition. to con
troll prices or establish monopolies.
The courts never assumed power to
say that such contracts or combina-
lions or conspiracies might be lawful
II the parties to them were only mod
crate In the use Of the power thus -
cured and did not exact from the pub
lie too great and exorbitant prices IL
IL true that many theorists and others
engaged In business violating the stat
ute have hoped that some such line
could be drawn BY courts. but no court
of authority has ever attempted It
Certainly there II nothing In the deci-
sions Of the latest two cases from
which such dangerous theory Of ju-
dicial discretion in enforcing this stat
ute can derive the slightest sanction.
e...;.. - a&..,,&. .
100 n..
.s, -. -. -
noses FOR which Il was enacted. The
knight case WA discodfueins and
seemed TO remit TO the states the whole
available power to attack and suppress
the evils of the trusts. Slowly, howev-
or. the error OF that Judgment was cor
rec,ed. and only in the last three or
four yearr has the heavy hand OF the
law been laid upon the great Illegal
combinations that have exercised such
an .hsolnte dominion over many OF our
industries. Criminal prosecutions have
been brought. ana I number are pend
inr hut turies have felt averse to con-
victine for iafl sentences and judges
have been most reluctant to impose
.nch sentences on men Of respectable
stard,ng ~ society whose ofrense has
been REGARDED as merely statutory.
stnI ma the efYense becomes better nm
dersfood and the committing OF II mar
takes more Of studded and deliberate
das,ance ~ the law we can be conf
dant that tnriea will convict individu-
ais and that fatl sentences win be i'm.
nosed
-, -. n..,.A:..
" ~, 80 -. .,,n-.,,.
- A - .s,.,,,,,,..
an1 49,. .S - 81. ,n,.-.t.t.
..on = = .sa,',s .-snsnor,sn. ana
o - atra,a,,,,, srd H. crodrcts
10 1880 -. s .,r,.tnsd th-orgh thir.
= s,r...r. cn-ro-a,,ou. the
80. - .,,,.at -. MA :, Nev Las.
-. os,cnarv - = .nact commandea
~ ssssa,rtso,, :, t,,s comb,r.t,on ~.
, -. ,hs tr,nsfer ana nro r.ta distri.
.,,.son ~ The Nav Jersey COMPANY Of
~. stccr h.,d hv q n the tb,rtv-seven
.orrora,ion. - ana among IT, stock.
ho,aer. and the cornorations and indi-
vidual defendant. vere enjoined nom
CONSUMING or combining to restore
snch monopolv. and ali agreements BE-
tween the subsidiary corporations tend
inr to produce or bring about further
viola t,ona Of the act were enjofned.
In the tobacco case the court found
that the individual defendants, TWEEN
ty-nine in number. had been engaged
In I successful EFFORT to acquire com
-plete dominion over the manufacture,
sale and distribution OF tobacco In this
country and abroad and that this had
been done BY combinations made with
purpose and ekect 10 st1ns compeu-
hon. control prices and establish .
monopoly. not only In the manufacture
Of tobacco. but also Of tin foil and NC
orice used IN In manufacture ana OF
its products Of cigars. cigarettes and