The Washington herald., 1911-05-16

certain that the word person clearly I'm
plies a corporation as well as an fndt.
vidual.
THE commerce referred to by the
words any part construed in the light
OF the manifest purpose Of the statute,
has beth geographical and distribu-
tive significance: that is. II includes any
portion OF the United States and any one
of the classes Of things forming a part
of interstate or foreign commerce.
In an analysis of the governments con-
tentions as to the scope of the Sherman
law. the Chief Justice made 1t clear that
the court is not prepared to declare every
contract, combination, or act in restraint
Of trade as subject to the law. The Chief
Justice said:
LAS the acts which come under the
classes stated in the first section and the
restraint Of trade to which that section
applies are not specifically enumerated
or defined, IL is obvious that Judgment
must in every case be called into play in
order to determine whether a particular
act is embraced within the statutory
classes and whether. II tie act is within
such classes, its pature or effect causes
II to be a restraint Of trade within the
act
Trade Not Restrained.
ITO hold to the contrary would require
the conclusion either that every contract,
ect, or combination of any kind or ma
ture, whether 1t operated a restraint on
trade or not, was within the statute. and
thus the statute would be destructive Of
bine in any respect whatever as to SUBJ
jects embraced in interstate trade or
commerce"
Dismissing the contentious Of the de-
PENDANTS that the Sherman act could not
be constitutionally applied to enable Con-
gress to deal with mere questions Of pro-
duction of commodities with the States"
the Chief Justice said that they had all
been answered in the Northern Securities
case. the Swift case the Shawnee Com
press case. and other notable decisions Of
the court
The Chief Justice intimated that by ap.
plying the rule of reason to the construc-
ton of the Sherman law. instead Of fol-
lowing 1t literally. the court has prob
ably saved that statute from condemna-
ton as an unconstitutional enactment.
..Gtving to the facts the weight which
Il deemed they were entitled to, In the
light afforded by the proof OF other cog
nate facts and circumstances, the court
below held that the acts and dealings
operated to destroy the 'potentlanty OF
competition which otherwise would nave
existed to such an extent as 10 cause
the transfer Of stock. which were mace
to the New Jersey corporation and the
control which resulted over the many
and various subsidiary corporations to
be a combination or conspiracy IN re.
straint of trade in violation OF the nrst
section of the act, but also 10 Do an AZ
tempt to monopolize and monopon1a-
ton bringing about perennial VIOLATION
of the second section.
Conclusions Correct.
1--WE see no cause to, doubt the correct
ness of these conclusions, considering the
subject from every aspect: thar Is. ooth
in view of the facts established by the
record and the necessary operation ana
effect OF the law as we have construed IT,
I've think that in view Of the magni-
tude Of the interests involved and their
complexity that the delay Of thirty days
allowed for executing the decree was
too short, and should be EXTENDED SO as
to embrace a period OF at least SIX
months.
$50 also. in view Of the possible IN
Jury to result to the public from an ao-
solute cessation Of interstate commerce
in petroleum and its products, put such
vast agencies as are epbraced IN the
Combinations a result which might arise
from that portion Of the decree wmcn
enjoined carrying on Of interstate COM
merce. not only by the New Jersey cor
poration, but by all the supdiafy com-
panies until the dissolution Of the COM
bination by the transfer Of the stocks IN
accordance with the decree, should not
have been awarded"
.'our conclusion ID that the decree be-
low was right and should be afirmed.
except as to the minor matters concern!
ing which we have indicated the decree
should be modified. Our orders VIII there
fore be one OF anirmance. with direcuons'
however to modify the decree In accord
ance with this opinion. The court below
to retain jurisdiction to the extent neces-
sary to compel compliance IN every re-
spect with its decree. ana II u 90
ordered"
The, Attorney General stated. with
respect to the decision In the Standard
OIL case rendered by the Supreme Court
yesterday, that the court unanimousiy
d.