New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-16
IFrom The Tribune Bureau. J

,, :; The Sunren,e Court OF the United States by
practically decision to-day declared the Hanud "
nanv to be combination of trade within the meaning
anti trust law and ordered within SIX months ms d
plies to the Standard Oil Company OF New Jersey and nl III
corporations. having aggregate capital OF 9loooo"'''
declares the antitrust law is clearly ntended 10 P 80
M the history Of this company its projectors an'
the results Of their acts clearly establish to nonop1e W
trade in petroleum. which monopoly equally clearly 'od "
Of the statute ,,-... .4
The onnon which was handed BY Chief Justice ne ana
regarded as remarkable the uccnctnss and the clarity OF ~ "
soning obvious the of the court that the purpose u W
is to prevent monopoly and indicates that wherever " may p
that such monopoly the will hold tha me Sau' I'D" UGH
violated. , -.
prohibits every within its letter and language and h' '
each presented the judgment OF the court must be cseo
determine first whether the particular act comes "hin the
ton OF the statute secondly whether such act causes 10 DC
within the nndment the Chief Justice White expressly
states that the statute intended limit its own scope by precise
definition but that defining ucor boundaries does purpose 70
m standard which cannot ransgred with impuny thus leaving
to the court to public policy embodied III the statute ana "
exee its Judgment each particular act brought before "
Justice Harlan Takes More Drastic View
Justice Harlan the decision the court in SO Tar as
nped TO the Standard Oil Company thus making the decision IN '
unanimous but he dissened the conclusion OF the majority
that restraint be shown be undue IN order " come
bn the puw objected to the extent by who
the remainder guided by the common Ia" IN m re-
snec It was Justice Harlan that for fifteen years the trusts
had sought to this limitation imposed by legislative aede
and that hev now sought such limitation by judicial deteo
whereas his opinion the intent the statute to pohiO all
restraint of trade. whether undue or otherwise
Gives No Precise Definition of the Law
The expectation the Attorney General and OF other mgr cga du
ori in the government that the would refrain from imposing
limitation further determination OF the law by that precise
which would clearly mark the limits to which restraint
might be carried subecng authors to penalty was fully met
The decision opinion able lawyers makes clear hat When
ever the Supreme Court shall the light OF the facts pre-
d that there has been successful attempt monopoly
will adiudge the result of the antitrust law but that
opinion docs and that the efforts OF those VINO
d achieve that end without rendering themselves liable will be az
tended with great the future IN the past On the other
hand the will to relieve from anxiety
the appear
nce Of an monopoly but who be able TO show an
that the achieved Only rea
sonabe
Standard Oil Purposed to Create Monopoly
In the Standard Oil Company the court declares the pu
nose 70 create MONOPOLY been obvious that unpeudiced
nerso can review its without being rresistb driven to the
genius commercial development and organ
zatou which manifested from the beginning bego
an purpose exclude others which frequently ans
ed BY dealings wholly inconsistent with the theory that he
were single conception OF advancing the development o
business power which, the contrary necessar
the intent Others from the field and to exclude them
from their right accomplish the which the
enl
Meeting the contention that dissolution of the work IN
ordinate injury to property that the stockholders
are not restrained making and lawful but are
directly
70 ecreate illegal which the decree dissolved
[Abract Whites of public and history
Of Standard Oil case pages g. 3 and ~