The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-30
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competition or unduly obstructing the
due course of trade or which, either be-
cause Of the evident purpose of the acts,
etc, injuriously restrained trade, that
the words as used in the statute were
designed to have and did have but
like significance.
1T was, therefore, pointed out that
the statute did not forbid or restrain
the power to make normal and I'M
usual contracts to further trade by re-
sorting to all normal methods, whether
ey agreement or otherwise, to accom-
plish such purposes. In other words, it
was held that no acts which the statute
prohibited could be removed from the
control of its prohibitions, by a finding
that they were unreasonable but that
the duty to interpret which inevitably
arose from the general character of the
term restraint Of trade required that
the words restraint of trade should be
given meaning which would not de-
stroy the individual right to contract
and render difficult if not impossible
any movement of trade in the channels
OF interstate commerce-the free move
ment Of which it was the purpose of
the statute to protect.
The soundness of the rule that the
| statute should receive a reasonable
construction after further mature de-
liberation, we see no reason to doubt
Indeed, the necessity for not departing
in this case from the standard of the
rule of reason which is universal in its
application, is SO plainly required in
| order to give effect to the remedial
| purposes which the act under consid-
| Grafton contemplates, and to prevent
that act from destroying all liberty of
contract and all substantial right to
| trade and thus causing the act to be
at war with itself by annihilating the
| which, on the very face of the act, 1t
was enacted to preserve, is illustrated
| by the record before us.
I'm truth, the plain demonstration
which the record gives of the injury
which would arise from and the pro-
| motion of the wrongs which the stat
| ute was intended to guard against
| which would result from giving to the
statute a narrow, unreasoning and I'M
| heard of construction, as illustrated by
| the record before us, If possible serves
| to strengthen our conviction as to the
correctness of the rule of construction,
the rule of reason, which was applied
in the Standard Oil case, the applica-
ton of which rule to the state we now
in the most unequivocal terms, re-ex-
press and reaff1rm.'
Outlines the Decree.
At last he said that the decree
should be as follows;
First, that the combination in and
of itself, as we'll as each and all of the
elements composing 1T, whether cor
cred collectively or separately, be de-
creed to be in restraint of trade and an
attempt to monopolize and g monopo-
| lization within the first and second sec
| lions of the antitrust law.
Second, that the court below, in
| order to give effective force to our de-
| cree in this regard, be directed to hear
the parties, by evidence or otherwise,
as it may be deemed proper, for the
purpose Of ascertaining and determin-
| ing upon some plan or method of dis
solving the combination and of re-cre-
ating out of the elements now compos-
ing it, a new condition which shall be
honestly in harmony with and not re-
pugnant to the law.
Third, that for the accomplishment
of these purposes, taking in view the
difficulty of the situation. a period of
six months is allowed from the re-
ceipt of our mandate with leave, how
ever in the event, in the judgment of
the court below. the necessities of the
situation require to extend such period
to a further time not to exceed go
| days.
Fourth, that in the event. before
the expiration of the period thus fixed,
condition of disintegration in har-
mony with the law is not brought out,
either as the consequence of the action
of the court in determining an issue of
the subject or in accepting plan
agreed upon, it shall be the duty of the
court, either by way of an injunction
restraining the movement of the pro-
ducts of the combination in the chan
nels of interstate or foreign commerce,
or by the appointment of a receiver,
to give effect to the requirements of
the statute.
"Pending the bringing about of the
results just stated, each and all of the
defendants, individuals as well as cor
poratfons, should be restrained from
doing any act which might further ex-
bination, by any means or device what
soever. In view of the considerations
we have stated, we leave the matter to
the court below to work out compli-
ance with the law without unnecessary
injury to the public or the rights of
private property.
while in substantial respects our
conclusion is in accord with that
reached by the court below, and while
also the relief which we think should
be awarded in some respects is coin
cident with that which the court
granted. in order to prevent any COM
plication and to clearly define the sit
uation we think instead of affirming
and modifying, our decree, in view of
the broad nature of our conclusions,
should be one of reversal and remand
ing, the costs in this court to be borne
by the defendants below, with direc-
tions to the court below to enter a de-
cree in conformity with this opinion
and to take such further steps as may
be necessary to fully carry out the di-
rections which we have given. And 1t
is so ordered