Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-05-18
Ills MESSAGE FREELY QUOTED


administration circles over the order for
the dissolution Of the giant corpora ton
which had been declared IAN unreason-
BILE" combination and monopoly in re-
straint OF trade. there unquestionablY
as also some misgivng as TO the intcr-
pretatlon of the antitrust law Eivinr to
courts the right TO determine whether or
rot monopoly Is reasonable and de-
caring reasonable monopoly not
~, contravention OF the statute. President
Taft, who a little moro than a year ago,
In 4 special mesa re to Congress. declared
that under Supreme Court precedents
there could he no such things as reason
ahle" and unreasonable" restraints or
trade. or in other words good trusts
and dad trusts was said to-day to nav"
been rather keenly disappointed that the
court should have reversed itself in this
important matter.
TAFT AND HARLAN AGREE.
President Tafts message was freely
quoted about the capital to-day and the
similarity of his views as to the scope Of
the antitrust law to tho view expressed
by Justice Harlan in his dis-ontnc opin-
ion OF yesterday. attracted renewed a'ten-
ton to Justice Harlan position, as out
lined in his statement Ia tho court fol-
loving the handing down Of the majority
opinion by chief Justice White.
Justice Harlan held that his brother
Judges had no right to u.u-p tho function
~ the legislative branch OF the govern
mont by writing into the statute n
differentiation between reasonable and
"unrca sonable." He declared that Con-
gross had resisted AL appeals to so amend
tho act and that there was every reason
to believe that such on amendment never
could he put through the legislative
branch Under these circumstances and
in their extremity great aggresations OF
wealth applied to the court in an effort &c
have 1t construe the law in a way that
would be a fat reversal Of what 1t had
held on two previous occasions.
Justice Harlan declined to be a party
10 such a reversal He denounced. as
tho most alarming tendency of the day
the tendency to judicial legislation Mer
| Of power. he said always were trying
tn get the courts to do what Congress
| would not.
NOT IN COURTS PROVINCE.
Pre-. ident Taft in his special message
| to Congress Of January :, 1910 urging
| federal incorporation act, declared that L
put tho word reasonable" into the anti
| trust statute. and thus leave it for tn
iourts to say what was reasonable re
| srraint Of trade, would he to put into tn
| hands Of the courts a power Impossible =
exercise on any consistent principle which
| would insure the uniformity Of decision
| essential TO good Judgment"
TT is to throw upon the courts h
| added. "a burden that they have ~
| precedents to enable them 20 carry. ant
| to give them a power approaching tn
arbitrary, tho abuse Of which Nigh, in
volve our judicial system in disaster.
As to the doctrine " good trusts
and bad trusts" which tho majority
opirion Of the cour: as expressed by
Chief Justice White seems 70 have lal(
down. President Taft in his message
written more than \ year ago said;
The public. ard especially the bust
ness public, ought to rid themselves o.
the idea that such n distinction is prac
| ticablc or can he introduced into tn
statute Certainly under the present anti
trust law no such distinction exists
REVERSAL. WIDELY DISCUSSED.
Relying upon the former opinions o
| the Supr rme Court in the so-ral'ed trans
Missouri and joint traffic cases. TIN
/ President said The supreme Court il
several Of its decisions has declined L
I read into tho statute tho word urree
! sonahle' before restraint OF trade or
the ground that tho statute applies {
all restraints and docs not intend t.
! leave to the court the discretion 10 de
( -rmno what is 4 reasonable restrain
Of trade"
The apparent reversal in the Standar,
Oil case Of the courts decisions On thes
former occasions formed the basis o
much OF the discussion here to-day. Gen
orally speaking, democratic senators an,
| representatives. expressed their disap
pointment At the "rue OF reason" flea
turo Of tho decision. Chairman Adamsol
Of the House committee on interstate
and foreign commerce declared the Su
preme Court had no constitutional pow
| or to write the words reasonable" o
unreasonable" into the sherman anti
trust law.
1t was reported tonight that sew
eral democrats are ready to ofrn
anne ndmonts to nullify the courts in
depreciation Of the law. Some in
surgent republican senators also wer
said to have in view amendments t.
the antitrust law declaring all mo
nopolics, whether reasonable or un
reasonable, to be In restraint OF trade
WILL AWAIT TOBACCO DECISION
The Standard oil decision occupie'
tho cabinet almost exclusively at to
days session There is n disposition
among cabinet members to await tn
decision of the Supreme Court in tn
tobacco case. That decision is ex
pccted May 90 and until then no pol
Icy will be outlined by the admins
tration to strengthen the anti-trus
law or solve problem that yester
days decision seems TO have mad
more vexatious than ever before.
To visitors to-niEht President Tai
declared that he had no present in
tentron of sending "a special messag
10 Congress proposing additional anti
trust legislation.
| There is no Intention on the par
OF the administration to check tn
activities of the department of jus
ticc. Trusts found violating the anti
trust act will be proceeded against a
in tho past