The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1911-11-29

dNTI. TRUST JURISPRUDENCE Reduced To ,fBSURDITI
From New
We have the full of the opinions of Chief Justice Vala
and his associates the Supreme of Missouri setting forth Il
courts concurng in the judgment which condemns
Furnishes International Harvester Company of America
ato laws of that State una wu combination
suppress competition regulate prices within the meaning of tho
statutes which apparently the corporation from Missouri
declaring has right do business there We beeN
official copy of these opinions will have value her.
collectors of the curious and the exaagant in the
judicial Certainly nothing dreamed
the spirit opyturvy decisions rendered cell
brated tribunal behind the looking glass
place the Missouri holds that the harvester
pany public benefit, benefactor the agricultural interests
There doubt of the courts attitude in this respec
The learned Chief Justice remarks, for instance
The evidence shows that the price of harvester
chimes materially higher after the New Jersey
poraon entered the field than before, until 1905
when increased 10 per cent, whilst the
material and labor used their construction The evidence
shows that while harvesting machines the chief pro-
the companies absorbed by the international arv
Company that has greatly enlarged its bust
and extended many other farm implements and has
thus put itself in with the many concerns
heretofore and still engaged in manufacturing such
other farm implements aud the Farmers eeneyuy hare
Dyofted therein The evidence also shows that the ma
chimes manufactured by the international company have been
generally improved in quality and the item of repair
been reduced price placed within closer reach
the farmer On the whole the evidence shows that the H.
ernaiOnal Harvester Company used its pOCeJ
ODpreSs ijWre the farmers rhO its cpst0naers
Again the Chief Justice:
I'm the at bar the price of harvesting machines has
increased proportion the increased of
the increased merit of the machines, and respondent
has brought other farm implements into trade and
that ALL though of the smaller that
competitors in the market have struggle
istence and retired from the field
In the separate opinion of Justice Ferris:
"In this case the court required by the pro-
Il Judgment of condemnation upon IA combination
which proved by the facts they appear this to
hage 1ee SO tar Oe~efeiaI to the co1nYity Ih5 rec
of the Chief Justice, namely that the price of and
eapers has not been raised in proportion the increased
cost of materials and labor, and that otherwise incidental
benefits have accrued the community, and furthermore
that i"depe"de"t o'amHact~'ers lure not suffered by
that the competition winch existed between the various
bers of this present combination and ruinous in
and if continued ni6ht resulted in the
nO'ut@atiOn Of the trade to the injury of consumers
The statute, however plain in its and indicates very
clearly that was the purpose OF the Legislature to forbid
license in this State to any foreign corporation which should
prove to be member oany combination organized lessen
competition and this VithOut reSard the question
whether the consumer uouId be i,JwyiOusly affected.
der prevent evils which might flow combination
intended to prevent competition. !"
Returning for to Chief Justice Vaant's exposition
the state of law in Missouri:
az the International Harvester Company disposed
to exercise the power its enormous wealth gives and if
were left unresralned to DO So 1T could drive every com
pettor it now has from the fed''
Observe the amazing inversion ethical principles connie
ideas which the judgment of the Missouri presents III
Harvester has neither monopozed business and sed
petition unduy raised prices to the The proved fac
show it have been beneficial far the community Instead
being public injury has been public benefit in that State Ye
although has restrained trade unreasonab driven its
peors from the field its power do under 9th
circumstances; therefore, under the statute condemne
penazed excluded from doing business the State Not for VIII
has done but for what has refaned from doing the Harvest
company held guilty and punshed very much if citizen shou
imprisoned for larceny executed for murder because his
exercised capacity for those uncommed crimes
This why advise collectors of high class clroies pr
and these copies the opinions the Harvester
rendered the Supreme Court of Missouri in banc its Oco
term, A. d. 1911.
If we have in Kentucky like the above in Missouri
Legislature which January should repeal and do
quickly The News has for bad trust neither has Ke
lucky good ustsuch the International has proven
TO be-ought be allowed to do business in State.