Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-05-26

as is done in the opinion to show that ac-
cording to the rule Of reason the act
passed by congress should be Interpreted
as II it contained the word unreasonable
or the word unduer
Says Court Reverses Itself.
THE only answer which in frankness.
can be given to this question Is that the
court intends to decide that its deliberate
judgment fifteen years ago to the effect
that the act permitted no restraint what
ever on Interstate commerce. whether rea-
sonable or unreasonable was not in accord
ance with the rule Of reason In effect
the court says that Il will now, for the
first time, bring the discussion under the
light OF reason and apply the rule Of
reason to the questions to be decided. 7
have the authority Of this court for saving
that such course of proceeding on its
part would be judicial legislation
justice Harlan maintains the court should
nave replied emphatically to the Standard
vi attorneys when they insisted on a re-
Nersal OF the former ruling of the court
as follows;
mat question, according to our prae
uce, Is not open for further discussion here
rms court long ago deliberately heIS IN
that the act Interpreting it's words in their
Z ordinary acceptation prohibits ali restraints
OF Interstate commerce by combinations In
Whatever form and whether reasonable nv
unreasonable; CD the question relates 10
matters of public policy In reference IN
commerce among the states and with for
eign nations and congress alone can daaI
with the subject go this court would an
eroaeh on the authority of congress n
pnder the guise Of construction it should
assume 20 determine a matter of public
policy 90 the parties must 20 to congress
ana OBTAIN an. amendment Of the ANTITRUST
act II they think this court was wrong in
us former decisions, and, (5) this court
cannot and Will not Judiciauy legisIate
since its function Is to declare law, while
u belongs 70 the legislative department 10
make the law"
Comment ON whites Words.
Ihen referring to the phrase which Chief
justice White used in. his opinion. Justice
Harlan adda;
sueh course, am sure, would no,
nave otIended the rule of reason"
'usuee HARLAN acknowledges that his
S,ssI had deemed II best to pursue a
oiiierent course from that which no "a
vocated 'N" ne ao-
They have now said" expIa,,oA A.,
decisions and who object TO All larisIati It,
promotions Of contracts, combinations ava
trusts IN restraint OF Interstate con,marca
SOu may now restrain such commerce
H"''"eu you are reasonable about n. oniv
SNe care That the restraint is not undue p,
"e disposition OF the case under con-
Siuerauon according TO the views ~ ~.
oetendants will, 1t is claimed ouie, a.
give rest to the business of the conn,r,,
on the contrary, have a strong convic,to,
lhat will throw the business OF tha
country into confusion, the inturious sf-
reefs OF which will be felt for many wears
to come. 's
heNerses Act OF ConEreH.
When congress prohibited every con.
uNV| combination or monopoly in re-
StFAht OF commerce, II prescribed a sim
PIE oernlte rule that all could under
eNu ana winch could be easily applied
by every one wishing to obey the law snS
not to conduct his business in vioI,,,,,' 80
the law. But now il Is 10 be fsaroI ~, -
are to have, In eases without number r.
constantly recurring difficulty TO solve h,,
pfooI-whether particular contract. oomhi
nation or trust involved in each case Is n,
Is not an unreasonable or undue P,
stTaint of trade
Congress IN effect said thar tbera .sh,,,,.
De no restraint Of trade. in any form am,
this court solemnly adjudged MANY Yea,
ago that congress meant what Il thus so,
In clear and explicit words and thar
could not add to the words Of the act y
those who condemn the action of congr,.
are now, In effect. informed that the com
VIII allow such restraints OF interstat.
commerce as are shown not 20 be unreason-
able or undue"
The justice incorporated in his prepare5
opinion in effect what he said orally in
uissehuhs In regard to the dangers of IA
dictal legislation
The supreme law OF the land he added
which is binding alike on alton pres
dents, congresses. the courts and the neo-
pie-siNes to congress and 10 congress
alone authority TO regulate interstat,
commerce and when congress- forbids an
restraint Of such commerce. In any form
All must obey its mandates TO oyerrencr
the action OF congress merely by. udie,a
construction, that Is by indireeuon. Is "a
do" al the integrity OF our governments
system and in the end. viii prove most
dangerous to ALL"