American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1911-12-07
Only Matter Touched Oh Ii Presidents
Message to Congress,
Additional Lesislation to Strengthen Present
StatuiesIs Recomnended---Defends Stand
ard Oil and Tobacco Decisions

- opaaseas tuesday. dsais excIusivsI,
With ~ antitrust statuls M msssas.
r. ps<t = - folsewrs
70 ~ Senate and House Of Represent
esnl which shall ssn6 to congress duvins
Ssse interval bstwesu ths opening os IL
eeou1nr session and lie adjournment fou
cnf1etmas holidays. Thu amount Of
snssrmalton % - communicates ~ "a
2 opesauons 81 The government. ths
nss.ses q ln.pertsnt subjscss ealtns for
cpfNeeent ~ IL e~xecutivs. and the tssns-
npjsse1a - ecn9ress Of exhaustive re-
poree ~ speciat commissions. make u i'm
pneeenbe ~ lncinde IN ans massage Of Q
teAsonAbls lsugsh = ~discussion Of the top
~ thai ought 10 b brought 10 the A.
Wrist regular session.
The Antitrust Law-Ths Supreme
ceuvt Decisions.
r. hfay last The Supreme court HANDED
oNNM decisions In the suifs In equity
ues1qnt ~ h United States "a snjoin
tne further maintsnance Of the Standard
~ trust and Of The American Tobacco
trust. and IN secure thsir dissolution. The
deristons ara epoch-mahfng and sevve 10
s1vise the bussness world Authorttattveiy
e sns ssop. .nd operation e the anti.
depart n any substantial way from thu
pfestova dsrislona Of the court In constru-
ins and applying this Important statute,
but they clarity those important decisions
~ fnrther dennina the already admitted
exceptions 10 the literal construction Of
tho act NY the DEGREES. they furnish .
ssssful precedent a. N the proper method
o. dcaHng with tbs capital and property
of Illegal trusta. These dsctsions sug-
rest the need and wisdom Of additional
% supplemental legislation to maks II
ess'es for the entire busincss community
IN 4nnMFa AsItA IA ptstA - a.. -
legality thus finally established and 10
preserve, the bsnent. freedom and spur
o. ~veAsonahie comp~ titton without loss OF
real efficiency or progress.
No Change In the Rule Of psclslon-
Merely In Form Of Expression.
The statute In itn nrst section declares |
"a b. Illegal every contract. combination
IN the form Of trust or other wise. or con- |
sp1rAey. In restraint of trade or COM t.
sterce amonx the several ntates or with
soveirn nstians." and IN the second. de-
rs.rss guilty o. q every per-
son who shall mopopotixc or attempt to
incompatible or comblne or conspire with
any other person to mcnopoilse any part
% thA trade or commerce OF the several
stAtss Or with foreign ~nAttons."
IN tive early cases. whore the statute
SIS Invoked 70 enjoin . transportation
sRressneet between Interstate railroad
rofnpnN5sss n was held that u was NO de-
Tense 70 show that The Agreement ~ 20
rstse co1apln5ned of was reasOnat At corn |
non lew. bseause II was said In tho |
eeatuts wa directed against al con.
srssss and combinations In rsstraint Of
trade whether rsasonai at common law
~ not u vas plain from the record. |
however. that the contracts complained
81 ~ those eanee would not have been
aesnsd reasonable NJ common law.
~ has hssn said that the court. by In
.troducins into the construction Of the
ethtuts common law ~dfstinctions, has
eguaseuiated II. THIS 10 obviously Untrue.
ny NJ Judgment every contract and com
oinatton In restraint OF Interstate trade
nssde with the purpcss. or necessary Of
beet ~ controlling prices by stininx com
petition. or 81 establishing In whole or In
part . monopoly OF sueh trade. Ia con-
defnned by the statute. Tho most ex-
lrripe critics cannot instance q case that
susht 10 be condemned under the statute
which 10 not brought within sts terms as
thus construed.
Tho suggestion i~ also made tina the sn-
preme court by tts decisions I'm the last
cases has committed to the court the
iudenned and uniimited discretion to de-
whether a case OF restraint Of
n Within the terms Of the tatut
rhis 10 whoiiy untrue. A reasonable re-
'trairt of trade MT common Law - well
understood and II clearly defined. II does
rot rest In the discretion OF the court. II
mist be limited TO accomplish the purpose
" a lawful msfr contract to which. In
that II shai' he enforceable at all.
I rsuss be Incidental, IL II exceeds the
reeds of that coatract n - void
Ths Remedy In Eqvsty by Dissolution.
In the standsrd on case tho supreme
IND circuit courts found the combination
o he . monopoly OF the interstate busi-
'ess Of refining. transporting. and mar
lsstn< petroleum and lts products. eject
q and maintained through thirty-seven
corporations. the stock OF which
vas heid by . New Jersey company. II
y effect tbs dissolution OF
combination. directed ths transfer
pro-rata distribution By the New .Jsr-
~ company Of the stock held BY II In
he thsrty-s<ven corporations TO and
lmcnE Its stockholders. aue the corpora
and Individual defendants were en-
a1eed from conspirsng 90 combininG to
-estoFe such ard 81 aRves-
nents bes~cn the subsidiary corporations
ending to produce OF bring about further
of the act were en3otusd.
In the Tobacco case. the court found
hat the individual defendants. twenty
line In number. had been engaged In .
uccsssfui effort 10 acquire complete do
ninion over the manufacsure. sale. and
"a abroad. and hat this had been dons
y cnmbtnat tons made with . purpose
- eject to stlds composition. control
R1coa and estabhsh . monopoly. not
ny In the manufacture OF tobacco. but
10 ef t1n-fou and hcortos. I'D in its
and Of Its products Of CT
nn. cigarettss . snuffs. Ths tobacco
~ S~resentsnA . far moro complicated
l1fncuit ~ han tbs Standard OIL
IL fos . decree which would effectusts
- Vim Of ths couyt and end the viola
- ne seahDss. There was here no
holding eqEnpany ~ In the case
Ca6ho Otandard on trust The main rom
was ne Anerican Iobacro eom-
- . D-snufaetunng. sslnag and hold
= 1oupaay. 3hs plan a6opfsd 70 de-
~4hees0heaa<1sa , -sesfers comps-
- fngueve1 TIE Fo6jvlaos Of the capt
q anl $500 - : esOhe1s tnest bstUesa
- ~ sunpao1o opasotut1ag ~
~ ? sez ee9lN9Ugle~sI'
81, ~ - snRhaE1nG- 80 Nd -
q - es1uAr~~tnsss wsss twsnfy.<
- ArG6mGonoD ~ Woso ehnsgD1 With
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