The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-05-16
BY Associated Press.

By Associated Pres8s
washington, May 15.-The Standard
OIL Co. of New Jersey, and its nine
teen subsidiary corporations, was de-
clared today by the supreme court of
the United States to be in a conspiracy
and combination in restraint of trade.
1t was also held to be monopolizing
interstate commerce in violation Of the
Sherman antitrust law. The dissolu-
tion of the combination was ordered to
take place within six months. Thus
ended tremendous struggle to put
down q combination claimed to be a
menace to the industrial and economic
advancement of the entire country.
The only discordant note in the
court was heard when Justice Harlan
dissented to the Interpretation by the
court of the Sherman antitrust law
so as to limit it's application to acts
of undue" restraint of trade and not
every" restraint of trade Harlan de-
clared the court had determined in
previous cases that the word undue"
or Unreasonable" or similar words
were not in the statute and declared
the reasoning of the court in arriving
at the finding was, in effect legislation
which, in every instance, belonged to
congress and not the court.
In the decision corporations whose
contracts are mot unreasonably re-
strictive" of competition are not af-
fected but it was construed to mean
that other great corporations, whose
acts may be called into question, will
be dealt with according to the merits
of the particular cases.
OPINION BY CHIEF JUSTICE.
The opinion of the, court was an
nounced by Chief Justice White and
was in printed form, containing more
than twenty thousand words. Justice
White discussed the case from the
bench, going over most of the points
In bn raG in YTinfad form will
once referring to it.
Distinguished and famous men were
present, including congressman. .Attor-
ney General Wickersham, Frank B.
Kellogg, the government special coun-
sci, who conducted the great fight
against the Standard Oil Co.
Many expected the tobacco decision
but it is not thought it will be handed
down before May %.
The greater portion Of the opinion
was devoted to the justification of the
court in requiring rule of reason" to
be applied to restraint of trade before
they were held to be violations of the
Sherman antitrust law. The court
held that the technical words of the
statue were to be given the meaning
which those words had in common law
and in the law of the country at the
time of the enactment. This construc-
tion the court held required the exer-
else of reason in determining what re-
straint on trade was prohibited.
Justice White first reviewed the pre-
liminary proceedings in the case in the
circuit court of the United States for
the eastern district of Missouri restat-
ing the essential points in the bills of
the government asking for a dissolu-
tion of Standard Oil and the answer
questioning the jurisdiction of the
court and denying the claims of the
government. He dismissed the objec-
hNIl fyor Iaxr ,fr,tr Isa6
THE LAW CONSIDERED.
Considering the law and acts in the
case, he said both sides agreed only
upon the fact that determination of
the controversy restd upon the proper
construction and application of the
first and second sections of the anti
trust act. Regarding the rest, the JUS
tice said the views and facts were as
wide apart as the poles. Continuing,
he called attention to the fact that II
is insisted that the Standard OIL Co. of
| New Jersey. with it's subsidiary cor
porations was organized to unlawfully
acquire wealth by depressing the pub
lie and that this is a menace to all
freedom of trade and a reproach upon
modern economic methods.
While on the other hand he insisted
the origin and development of the vast
business is but the result of the lawful
competitive methods, guided by an
economic genius serving to stimulate
increased production, thus proving q
benefaction to the public, as well as ar
enormous advantage to individuals
This point Justice White seized upor
as an application to two sections oi
the Sherman antitrust law as ar
initial basis examination of the con-
tention and the rest OF the opinion was
divided into a consideration of the
meaning Of the Sherman law.
In the light of the common law oi
the United States at the time of its
adoption the contentious of the parties
concerning the act, the scope of de-
cisions of the supreme court, the ap-
plication Of statute to facts, and lastly
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