Perth Amboy evening news., 1911-12-05
When Law is Enforced for
First Time, Cry Raised
to Repeal II.
REASONABLE DEFINED
Says Act Is Effective in Curb
ing the Growth of Trusts
Praises Work.
REMEDIES SUGGESTED
Repeats Former Message in
Which He Recommended
Federal Corporation.
speetal or tunt.ed Pres. wlrs.

~~r> - - = - =
epeefai br Gnised Prsss Wirs.
Washington, Dec 5.-President
Taft made a plea for the retention
of the Sherman antitrust law sup
plemented by additional legislation
tending to strengthen it in his first
message to the sixty-second con
gress today. The President makes
an elaborate defense of the Sherman
act, and says that now that it has
been made effective in curbing the
trusts, after being ignored for
: twenty-one years, there is demand
for its repeal. The President says
the law does not even need amend
ing, but suggests an additional
law providing for federal incorpora-
tion and, in measure, federal con-
troll, which would remedy any de-
fects now complained Of, The
President says the word reason
able" which has been read into the
Sherman law by the recent court
decisions is clearly explained anu
need cause no concern.
Several other measures are prom
ised shortly. The message is de-
voted entirely to tho trust problem.
1t is as follows.
To the Senate and House of Repr--
sentatiyes:
This message is the first of several
which ] shall send to congress during
the interval between the opening of
It's regular session and It's adjourn
ment for the Christmas holidays. The
amount Of information to be commu-
nicated as TO the operations of the
government, the number of important
subjects calling for comment By the
executive and the trans mission to con-
gEess o1 exhaustive reports of special
commissions make it impossible To In
clude In one message Of reasonable
length a discussion OF the topics that
ought to be brought to the attention
of the national legislature at its first
regular session.
The Antitrust Law--The Supreme
Court Decisions.
In May last the supreme court hand
ed down decisions in the suits in equi-
ty brought by the United States to en-
join the further maintenance of the
Standard OIL trust and OF the Ameri-
can Tobacco trust and to secure their
dissolution. The decisions are epoch
making and serve to advise the busi-
ness world authoritatively of the
scope and operation of the antitrust
act of 1890. The decisions do not de-
part In any substantial way from the
previous decisions Of the court in con
STRUNG and applying this important
statute, but they clarity these deci-
sions by further defining tho already
admitted exceptions to the literal con-
struction Of the act. By the decrees
they furnish a useful precedent as to
the proper method of dealing with the
capital and property of illegal trusts.
These decisions suggest the need and
wisdom OF additional or supplemental
legislation to make 1t easier for the
entire business community to square
with the rule Of action and Legality
thus finally established and to pre-
serve the benefit, freedom and spur of
reasonable competition without loss OF
real efficiency or progress.
No Change In the Rule of Decision,
Merely In Its Form Of Expression.
The statute In It's first section de-
elares to be Illegal "every contract,
combination in the form of trust or
otherwise or conspiracy in restraint
OF trade or commerce among the sew
eral states or with foreign nations"
5 and IN the second declares guilty of a
naisieneanor every person who shall
nlonopoIize or attempt to monopelize
or combine or conspire with any other
psrson to monopolize any part Of the
trade or commerce OF the several tates
or with foreign nations
In two.early cases, where the statute
was invoked to entoin a transporta-
tion rate agreement between inter
state railroad companies, 1t was held
that It was no defense TO show that
the agreement as to rates complained
nf was reasonable at common law, be-
cause 1t was said that the statute was
directed against all contracts and COM
binations la restraint OF trade, whether
reasonable at common law or not IT
was plain from the record. however.
that the contracts complained OF in
those cases would not have been deem
ed reasonable at common law In suh-
segment cases the court said that the
statute should be given reasonable
construction and refused TO include
within its inhibition certain contrac
tpal restraints OF trade which It de-
nominated as incidental or as indirect.
Continued on page ID
Performs Skialful Operntion.