The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-04-04
Decisions in f a m S
Trust Cases Not Yet
Handed Down.
GREAT CROWD is
DISAP POIN TED
Women and Men Stand in Line
for Hours Hoping to Get Adj
mission to Court Chamber.
Commodities Clause" Of
Hepburn Rate Law
Brought to Life.

~ 1\dlC Law
Brought to Life.
Washington, D. c., April 3-Keen
disappointment prevailed to-day In the
vicinity Of the Supreme Court of the
United States. when that ribunal I'm
ished its weekly task of handing down
decisions without touching on the dis
solution suits against the sta ndard Oil
Company and the tobacco corporations.
The biggest crowd that has attempted
In years TO get into the courtroom to-
day blocked the corridors In the Cap
itol. Women and men stood in line
for hours, even while the court was
taking Il recess for luncheon, in the
hope hat they would gain admit
ance. The siXty-odd who were FORUM
ate enough to procure seats within tile
courtroom early in the morning seemed
to make an all-day's visit OF it, and
consequently the patient and itnpa-
tient ones on the outside remained
outside.
Governor Harmon, or Ohio: Senator
Root. OF New York. and a long list
of distinguished personages waited
throughout the three hours the court
was announcing opinions. believing
that the trust" cases might be de-
cidcd..
The allure of the court 10 decide the
cases to-day prccludes the announce
ment of the decisions until Monday
next at least.
"Flirtins" With Questions.
Some Of the members of the bar
thought that the court was nirting
with one question involved in the
Standard Oil and tobacco eases. when
1t decided that proprietary medicine
companies are not entitled to monopo-
- - ~ rlLaL On = - = Rs ! H., - ,-~rl b. =
that the public is entitled to the ben.
eft of competition among retailers
thereof. Justice Holmes, In dissentinE
alone from the courts Holding, uttered
some caustic words about the ''popu-
lar but mistaken" notion that compe-
tition was always beneficial to the
public.
In both cases the government tool
the position that the natural effect OF
competition is to increase competition
and to ~cXtinguish or prevent the free
play OF competition is to hinder 1t.
The corporation lawyers questioned
the doctrine that the reduction of com
petition necessarily meant a restraint
OF interstate commerce. as referred to
BY the sherman antitrust law.
New Life in accommodates Clause,
Washington. D. c., April 3.-The
commodities clause OF the Hepburn
rate law. interpreted two years ago by
the supreme Court of the United States
into what was commonly to
be an important group OF words, was
given new life to-day BY that same
tribunal In a second Interpretation.
so effective was he reconsideration
of the subject that Off.
Gals tonight predict that the eyils
sought to be corrected by the legis-
lation will now be remedied, and rail.
road business henceforth divorced from
coal business.
The case arose in the United States
Circuit Court for the Eastern District
or pennsylvania, and involved the gov
ernment's action against the
-anthracite roads" The Circuit Court
primarily held the clause unconstttu-
tional; the Supreme Court Of the
United States reversed the lower court.
but, In remanding the case, drew a dis
ttnction between ownership and trans
portation Of coal. The government
then sought to amend its original pc
titton against the Lehigh Valley Rail-
road to meet the Supreme Courts
views. This the lower court refused
to permit. and dismissed he suits
against all the roads.
White Announces Decision.
Chief Justice White to-day %announc
ed the unanimous decision OF the court.
and took the position that the lower
court had erred in refusing to allow
the government to amend Its original
petition. He referred to the refusal as
AN absolute abuse OF discretion" He
said, however, that the abuse was lob
viously occasioned by a misconception
OF the character Of the action of this
court and the scope OF the I]nandate.''
while that decision expressly
held" said the CHIEF Justice, In re.
ferring to tho holding OF the Supreme
Court two years ago. chat stock own.
crshfp by a railroad in a bona-lde cor.
poration irrespective Of such owner.
ship did not preclude a railroad CON.
pGny from transporting the commodity
manufactured. mined, produced or
owned by such corporation. nothing In
that conclusion foreclosed the right
OF the government to question the
power OF the railroad mpa IN
transport in interstate q
commodity manufactured, mined, owned
or produced by a corporation in which
the railroad held stock, and where
the power Of the RAILROAD company as
q was used to obIlterata
all distinctions between the two cor
porations. That is to say. where the
power was exerted in such a manner
so as TO commingle the affairs or both
as by necessary effect to make such
affairs practically neutrality-suspicious.,
and therefore to cause both corpora
tons to be one for all purposes.
Within Meaning Of Clause.
The decision was summed up by the
Chief Justice In these words.
1T must be held that While the
right Of a railroad company as Il stock
tliolder to use it's stock ownership for
the purpose OF a bona.fdc separate
administration Of the affairs Of a cor
poration In which 1t has a stock inter-
est may not be denied, tho use or
such stock ownership IN substance fn,