The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1911-09-18
PRESIDENT
DEFENDED
DECISIONS
Says Court Was Right in
Trust Cases; Opposed
Amendment.
TeIegram by UnIted Prese.

Detroit, Mich. Sept. ia drizzling
rain greeted Taft's entrance into Mich
igan today for four days visit A
special trolly car viii carry the party
a-ssl.es the state.
Scoring Bry2A who denounced the
supreme court, President Taft in his
speech here today. defended the stand
ard OIL and Tobacco trust decisions.
especially the word reasonable.
which the court read into the sher4
man law The president opposed any
amendement Of the Sherman law.
Discussing the Standard OH and To-
bacco decisions. the president said In
part
u shall not attempt to give it a
close. lawyer-like Interpretation. but
think it is not departing from the de-
elaration Of the court to say that they
find any contract in restraint Of trade.
made for the purpose OF excluding
competition, controlling prices. or Of
maintaining monopoly. in part or in
whole. is contrary TO the statue and Is
subject to Injunction and indictment
under this statute in the federal courts
where it affccss interstate trade.
Now. would like to ask Mr. Bryan
or any Of the other publicists and inr-
lists who have been denouncing this
opinion as the surrender Of the rights
OF the people and usurpation OF ju.
dicial pewcr, TO tell the public what
particular contract or restraint Of in.
tersiate trade he would condemn
which would not be condemned within
this dess.aitlgn Of the court. The dlffi,
culty with the literal construction OF
the statute is that Il would denounce
a great many minor Or incidental re-
straints OF trade, which made the stat.
ute ridiculous and weakened its ef.
feet and lent support to the criticisms
and contempmous treatment OF the
statute by those who were opposed to
its passage and enforcement.
1T ia said that the supreme court
has read something into the statute
that was not there before; that it has
inserted the word reasonable before
restraint Of trade when the same
court had said that this could not be
properly done, because congress had
evidently not intended to include such
a limiting word in the statute. This
is not fair to the court 1t is true that
the court. in the early days Of the con-
struction Of the statute. had said that
it could not limit the statute in effect
by excluding from its operation what
was deemed reasonable at common
law. But as other cases arose 1t found
it necessary to make exceptions to the
literal operation Of the words re.
straint OF trade, and ii did so by ex.
cepting what was minor. or incidental.
or indirect. and including only those
cases where the chief object Of the
contract or combination was the re.
straint. In doing SO the court said
that it must give the statute a reason
able construction and not one leading
to absurd or ridiculous results. In the
last two cases the court did not change
the substance Of the reasoning and
scope of the previous decisions. but
only treated the exceptions previously
termed incidental and indirect. as ex-
cluded from the operation Of the stat.
ute in the light Of reason. /. E.. in con-
formity to the evil sought to be-
reached. Now. in what way has this
injured the public wealg What com.
binations or arrangements can escape
under this Interpretation that any sen.
sible man would wish to have con-
demned2 Did the court not condemn
the Standard Oil Co. the father OF all
trusts. in the history Of which every
form Of criminal iiiesaiitJ was pTar-
ticede Did it not. on the other hand.
condemn the Tobacco trust. Of much
later origin and framed under the ad
vice Of cunning counsel for the very
purpose Of evading the condemnation
Of the statute and at the same time ae-
curing and enjoying the monopoly the
trainers Of the statute intended to pre-.
vent and punish?"
4 am entirely opposed to an amend
ment Of the antitrust law. It Is now a
valuable government asset and lnstFn.
ment Tested and brought into prac.
teal and beneficial use BY % years Of
litigation and construction By tho
highest court. Why should we impeflI
its usefulness BY experlmentsg