The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-05-16
Decisions Of Vital Importance Handed Down BY Supr
STANDARD OIL
LOSES ITS CASE
Continued From FIRST Page,

uHiteu otatcS AT the time of Its adop-
tion. the contentious of the parties
concerning tic act and the scope and
effect Of the decisions OF the supreme
Court. the application of the statute
to the facts. and lastly the remedy
nut Two Subjects.
Il In striving to get at the meaning
of the two sections Of the law, he said
that the sole subject with which the
first section dealt was restraint of
trade" and That the attempt to monop-
Ollie, and nonopoliZe alone. was the
subject OF the second section The
Chief Justice said that in getting at
the meaning OF these words he would
be guided by the principle that where
words are employed In statute. which
IT the time had we'll known mean
Ing In common law or in tn. law of
this country; they were presumed to
have been used in THIS sense unless
the content conveys to the contrary.
The Chief Justice considered the con-
tention OF the parties as to the mean
ing of the statute. lic said in sub
stance that the propositions of the
government were reducihle TO the
claim that the language OF the statute
embraced every contract. combina-
ton. etc. in restraint of trade" and
left no room for the exercise OF Judg-
ment, but simply Imposed the plain
every case within its liberal language.
The error of the government on this
point. Chief Justice White said, was
In assuming that the decisions of the
court had decided in accordance with
Its contentious. aa
This is true said the Chief JUS
ttcc because. ms the acts which may
come under the classes stated In the
first section and the restraint of trade
to which that section applies are not
specifically enumerated or defined. It
is obvious that judgment must in every
case he called into play In order to de-
terminc what particular act is en-
braced within the statutory classes.
and whether. II the act is within such
classes. Its nature or effect causes, 1t
TO be a restraint of trade within the
lntcndment of the act.
Chief Justice White touched upon
the phase of the case which formed
the basis for Justice Harlan's dissent
Ing opinion. 1t was that the opinion
OF the Supreme Court in the cases m
the United States We. Freight Associa
ton. and United States VS.. Joint
Traffic Association, included the right
10 reason thus in Interpreting the
statute. Chief Justice White declared
that the general language of these
opinions had been subsequently, ex
planned and held not to Justify the
broad Significance attributed to them
Takes Up the FnetE-
The Chief Justice next took UP the
facts and the application OF the
statute to them. AS matter or fact
the court found that tho result OF
charging the capital stock of the
Standard OIL Company, OF New Jersey.
AND the acquisition By that co,.pany
OF the shares of fhe stock of the other
corporations In exchange for it's GER
tihcates. gave to the corporation an
enlarged and moro perfect sway. and
not to Keep the trade and commerce
IN control OF It's products. The effects
OF this. Chief Justice White said. the
lower court held, was to destroy the
potentiality of competition" which
Otherwise would have existed to such
/; an extent as to be a combination or
:: conspiracy in restraint OF trade in
VOCATION OF the first section of the act
ana also be an attempt 10 monopoli2e
. ana monopolIzation and bring about
! perennial violation of the second
section.
we see no cause to doubt the cor
RICHNESS of these conclusions" said the
Chief Justice, Considering the subject
from every aspect, that is both in
view OF the facts established by the
record and the necessary operatior
and erect of the law as we have con.
strued IT upon the Inference deducible
from the facts.
Cutting Remark
In .scrutinlzing the acts ana doinrs
or the Standard OH In the mast for
the purpose of getting assistance In
discovering intent and purpose. Chief
Justice White left a cutting remark:
we think no disintercsted mind
can survey tho period in question
without being constantly arriving at
the conclusion that the very genius
OF the development and organization
which IL would seem was manifested
from the beginning. soon begot an
intent and purpose to exclude others.
which was frequently manifested BY
acts and dealings wholly Inconsistent
with the theory that they were made
with the single object OF advancing
the DEVELOPMENT of business power by
unusual methods, but which, on the
contrary. necessarily involved the in
tent TO drive others from the field and
| to exclude Thorn from their right to
trade and thus accomplish the mas.
terry. which was the end in View And.
considering the period from the date
Of the trust agreements OF 1879 and
1882 up to the lime OF tho expansion
of the New Jersey corporation. the
gradual extension OF tho power over
the commerce in oil which .ensucd.
the decision OF the Supreme Court of
Ohio. the hardness or reluctance in
! conforming Ia The commands OF that
decision. the method first adopted and
that which finally eliminated In the
plan of the New Jersey corpora lion,
all additionally serve to nuke mani
fest the continued existence of the
intent which we have previously in
dicated. and which. among other
1 If
New Jersey corporation"
Finally. the Chief Justice came to
apply the remedy.
Further Relief Needed.
lie said that ordinarily where vlo-
lations of the act were found to have
been committed II would suffice to en-
join further violations. In case