New-York tribune., 1911-01-02

railroad law will come up for consideration
in the suit of the government to have the
court modify its decision in the case by
which the cases against the coal roads in
PENNSYLVANIA were dismissed outright in
stead of without prejudice. Another action
grows out Of the fight of the proprietary
medicine companies TO prevent ''cut rate"
druggists from selling their wares at less
than the stipulated prices
So important group OF cases has not
come before the court within a month for
many years. Other important cases VIII
follow Immediately after them-such as
those involving the constitutionality OF the
last employers liability law. the legality
OF the so-called boycott OF the American
Federation Of Labor against the Bucks
Stove and Range Company and the appli-
cation OF the railroad safety appliance law.
Nearly all these cases have their origin In
the comparatively recent movement TO
regulate by low the activities Of public
service and other corporations in their re-
lations to the country at large The great
or part of the cases now before the court
turn on the constitutionality or applica-
tion of laws regulating railroads and cor
porations enacted in the states or by the
federal Legislature The movement TO
regulate and control the activities of
great combinations OF corporate capital
may be said 10 be In full swing, and within
the next few years It will fall to the lot
OF the Supreme Court TO pass on the
validity of the measures taken to this end.
In point OF general interest the trust and
corporation tax cases take precedence. The
trust cases were argued last year, but set
for rehearing. 1t is by no means certain
that this was done because Of a divided
court The court might have decided to re-
frain from passing on so important ques-
tion as the dissolution OF two Of the largest
corporations in the United States without
a fun tribunal because OF the moral effect
alone
These cases represent the last stand OF
the corporations against the applcat ton OF
the Sherman antitrust law as It is inter.
preted b. the Department OF Justice. and
the legal battle that will be waged in the
historic chamber at the Capitol will be
vastly important. If not picturesque. The
legal forces of the Department OF Justice
will he led by the Attorney General himself
and against them will be pitted an array Of
distinguished counsel from various parts of
the country retained by the corporations
There are eighteen Of the corporation tax
cases, which have been grouped together
and will be argued as one. On the courts
decision will depend whether the corpora
ton tax provision OF the Payne-Aldrich
tariff law is valid or not. If the law is held
unconstitutional the government will not
only lose an annual income of S25,0o0,0oo
but will be obliged TO return more than
S25 10000 already obtained from this source
of revenue These cases take the form OF
a petition for an injunction by stockhold-
ers TO restrain the directors of the various
corporations from paying the tax. In ad-
dition there arc three other cases in which
it is held that tie concerns taxed are
merely trusts or holding companies, with
out capital stock or corporate character
and do not therefore. come within the
provisions OF the law.
Within the year Just beginning the labors
of the great tribunal, which keeps the
powers Of the states and of the nation
within their appointed bounds Will, FOR
these reasons, be watched more closely
than they have been for many decades, and
the fulhlment Of the task set, before the
members. particularly, will have a
effect on the political develop
ment of the future in the United States.