The Ocala evening star., 1911-05-31
REASONABLE RESTR

Justice Harlan dissented with his as
sociates on the supreme bench in their
Standard Oil decision-that is, ne
thought they didn't go far enough
And as is usually the case, his dissent
made more noise than the opinion or
his eight associates, though il carried
only one-eighth the weights So 1t Will
be appropriate at this time TO read the
opinion of Life, which is mighty
good judge itself, and comfort our
selves with the thought that the su-
preme court decision, which must stand
until it is reversed. which will not be
soon if ever, is very good law, and
quite possibly to live under
For our part we respectfully concur
| in the views Of the supreme court
about reasonable and unreasonable
trusts and combinations. The gist of
the courts eight-to-one conclusion, as
layman sees it, is that the letter of
the Sherman law is impossible, or
grossly inexpedient, to enforce, and
that as the Congress that passed the
law presumably intended to make an
| enforceable law, the court adopts the
Inference that reasonable combina tions
are not illegal. and leaves it TO the
courts to say what combinations are
permissible under its decision
| The court offers an example OF
com mbination that is not reasonable, and
incidentally furnishes evidence that it
has not wholly nullifed a statute, when
it decides that the Standard Oil Com
pany must disband.
I'VE do not feel that if it had been
, our job we could have done any better
than that In these; matters the doc
tors decide. We now have an opinion
of legal experts the Sherman law
They have modified it by intepreta
ton. We can accept their opinion OF
: reject it. Congress can pass a new
r law which will make it unlawful fol
2 the left hand to pass the butter to th'
right hand, but for our part we hope
that for some time, at least, Congress
will leave the Sherman law TO tn
courts Compulsory competition doe
t mot look very promising when tn
= competitors don't want to compete
t law that no hog, however fat, shal
n stand in the trough and keep the 9th
d ers off, is probably enforceable. but
: law that no hog shall weigh more tina,
n two hundred pounds does not seem t
: make for the greatest happiness Of tn
?, greatest number.
e Let US have fat hogs, but let us no
l. allow them to stand in the trough.
= the courts can manage tnat unuer III
n interpreted Sherman law, well an
S good; and if not the doctors will hav
IF to think again.
y I'VE don't suppose Brother Rocke
,e feller's organization will be fatal
a. disconnected by the courts decision
id nor is that the opinion of persons VIII
= buy and sell its shares. Perhaps
I'd will proceed to test now how much
Sc a combine it reasonably can be.
V. that thought there is promise of cor
fr tinuing prosperity for the lawyers. Ell
tv couraged by the courts opinion, tt
ne Encouragement announces a suit
at determine whether the lumber trust
al reasonable aspires to maintain q
D. unlawful monopoly, and that is MOI
H. glad news for the lawyers. Really the
be business must be looking up. Only
O. little while ago the captains of indu
ty try were the only great people visibl
= Iand the stock brokers were getting a
nd the easy money, and the learned pr
v fessions were all dwindling in impOr
ed Eance but during the last two years Il
relative consequence of the very ap
lawyers has viSibly increased. FL
years ago the trust magnates patroni
ed them. but now the bolder spiri
u among them begin to patroniZe Il
u trust magnateS, who cannot stir ST
e without them, nor bite the head {
III the meanest competitor without askir
u III first if it is safe.