Bisbee daily review., 1911-05-23
RULE OF REASON
 IDEA REJECTED
Leading Members of Congress tSart to Put Taft Back
 in Law


 the sherman antitrust law which. many congressman say, were drawn by the supreme courts decision ln the Standa.u Oil casei began in both houses. The rule of reason" is the crux of the thing.
 in the house. Representative Ad- amson of Georgia, chairman Of the house committee on interstate com ulerce, issued an interview saylnS the decision gives the trusts all they have peen asking for years and that congress must prepare statute which will efrecuuaily annui tbe decl- sion. Representatives Borland of Mis- sour and Ahstln of Tennessee made sreecnes declaring great crisis Tn the industrial history of the countr" had been precipitated by the new , Legislation ''enacJeG' by ,ne supreme court.
 Speaker Clark and Representative Clayton, chairman Of the house Ja6l- clary committee, were at the white i house tor an hour discussing with the president the question Of Iegls- iatlve action 10 overcome the effect of the decision.
 Wait on Tobacco Decision Fir. Clayton asserted. and th-s ! view was shared by ail of the house ieaders, that no movement will be | made until the court giyes a decision in the Tobacco case.
 At the other end Of tue capitol. Senator ENewIands uevoteG an hsur 10 denouncing the new system whereby the regulation of corpOra- tons is vested jointly in the dis crlminauive powers or the attorrcr general and the supreme couit. tie argleu In favor or nis plan, Ire quently adyanced, entrusung me wnoie suDjecE to a quasi-judiciai commission similar to the interstate commerce commission, with ample , powers ana sareIy fortified behind saauute IorDIddlng compinations in restraint Or trade.
 senator LaFollette contributed the sensation of the day after a warchfui correspcndent Tn the press gallery had called his attention 70 PresidenL Taus spec1ai message 10 congress of January ', 1910, on In terstate Commerce and Antitrust Laws ana rederal incorporation. To I4aFoliette, President Taft IS . retct1onary, yet the Wisconsin man, InIerrupting Newlands, read a para grapn from this message Tn vnic7 me president warned the country against the very thing winch has now nappene1. These sentences by Taft electnneQ the senate:
 Many peUpie conducting great
 businesses nave cnerlsned q
 oo1e ana peneI that in some
 way or other a line may Do crawn between good trusts'
 and bad trusts.' and that II IS
 possI be Dy 2iusnoment % the antitrust law to maKe a distinc- slo1 unuer whien good combina-
 tions may be permitted to or ganize, suppress competition,
 control prices, and do it all leg
 ally. if only they do not abuse
 tne power by taking too great
 profit out Of the business.
 They point with force to cer- tam trusts as navlng grown ln-
 to power through crImlnaI Inetn-
 oos by the use or illegal re-
 hates and plan Cheating. ana by various acts utterly vioia-
 Eve Of business honesty or mos ality. and urge the establish ment Of some legal kind Of sepa- ration by which criminal trusts" of this kind can be punished, and they, on the other hand, permitted under the law to car " on their business.
 Now the public, and especial ly the business public ought to rid themselves of the fGea that sucn a distinction is practicable OF
 can be introduced into the statute. Certainly, under the crescent antitrust law. no such distinction exists. 1t has been Iroposed, however, that the word reasonable" should be made a part Of the statute, ana
 then that it should be lert to
 the court to say what is reas- onable restraint of trade, what
 is a reasonable suppression Of
 competition, what is a reasona-
 ble monoroly.
 1 venture to think this is 10 put into the hands Of the court power impossible 10 exercise on
 any consistent principle which will insure the uniformity of de-
 cision essential to just Juds-
 ment. It is to thrust upon the
 courts a burden that they have
 no precedenrs to enable them to
 carry, and 10 give them power approaching the arbitrary, the
 abG7e of which might involve our
 whole judicial system in disas-
 ter.
 Deep feeling, approaching bitter ness, emphasizes the radical view Of the opinion or Cnief Justice White.
 Gore Recalls Dred Scott.