The Washington herald., 1911-05-16

defendants six months instead Of thirty
decree.
Government Wins victory.
Substantially every proposition con-
tended for by the government in this
case is affirmed by the Supreme Court,
he said. I'm the reasoning by which
the Chief Justice reaches the conclusion,
In which the whole court concurs, he
expresses the view that only contracts,
combinations. &c, which In any way un-
reasonably OF unduly restrain Interstate
trade and commerce, or which are un-
reasonably restrictive of competition con-
ditions. are within the prohibition of the
first section of the Sherman Act Jus
uce Harlan, on the other hand, dissents
from this view, and contends that every
contract &c, which does restrain trade
and commerce., Is within the inhibition
of the statute, hut he concurs with the
whole court in the decree of affirmance.
The Chief Justice further holds. that
the second section Of the act seeks. II
possible. to make prohibitions of the act
all the more complete and perfect by
embracing all attempts to reach the ends
prohibited by the first section: that is.
restraints Of trade by any attempt to
monopolize. or monopolization thereof,
even although the acts by which such
results are attempted to be brought
about, or are brought about, be not en-
braced within the general enumeration
OF the first section. He further holds
that the criterion by which II is to be
determined in all cases. whether a con-
tract. combination. &C., is a restraint
OF trade within the meaning Of the law,
Is the direct or indirect effect of the acts
involved
Insurgents Displeased.
Opinions differ among Senators and
other national legislators as to the de-
cision of the Supreme Court in the
Standard Oil case. Insurgent Senators
generally are displeased with the inter-
probation which the court has placed on
the statute by distinguishing between
reasonable and unreasonable restraints
Of trade.
Senator Kenyon, who was former,v the
trust buster, said:
Il must ask to be excused from dis
cussing the opinion at this time further
than to say. in a general way. the i'm
preston left is fairly agreeable. I can
say. however. that ! am as strong now
as ever for my amendments to the Sher-
man antitrust law"
Frank B. Kellogg, the special counsel
for the Department Of Justice in the
prosecution Of the suit against the Stand
ard OIL Company, issued the following
statement:
THE dissolution Of the Standard OIL
Company Of New Jersey, the trust. is
inevitable now. The government won a
complete victory. Every material issue
for which We contended was decided in
our favor. The decision was unanimous
Justice Harlan dissents only as to the
language of the opinion"
Justice Harlan contended, In his dis
senting opinion, that the court was re-
versing the rule that It had laid down
for many years. He declared tAat II wa,
only few days ago that the court was
asked to write into the safety appliance
law words not found there, and II re-
fused. In that case the court held that
the law must stand or else be Changed
by Congress.
In the case Of a. law afrectins vast
combinations Of wealth and power
in Justice Harlan's opinion, was to he
interpreted In such a way that IL would
not be necessary for those who had an
peared as defendants In the court to ask
Congress to have It amended.