New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-26
FRESH AIR ARMY READY THE TRUST DECISIONS
BRYAN. Beck, Grosscup and
Iarkin Express Their Views.

.,a standard oil and Tobacco Trust juds-
ments-in which various lawyers give their
IDEAS and in which William J. Bryan hints
,ha, N. court was packed" Mr.. Bran
Gays:
:. &. - Fundamental rule Of reason" that
80 can generally find a reason-not al
ways conclusive ana sometimes not even
plausible, but reason sunlclent ior MIN
se1f-for doing anything upon which his
heart il really set. III bias is admitted
bias in the President as we'll as in the
| iudge~it is entirely possible that a Presi-
Jenf might unConsciously select judges who
would Without any previous pledge. agree
oiiifa naturally with those who represent
fheir aide of the great fundamental issues
tbst In the selection ~ oignt Judges al
/ should take the view NJ Justice White. and
n II * not accounted for by bias on great
! conducted at the White House when the !
President blindfods himself and picks
Judges a random. only 20 find that all the
prizes have gone 10 hose who do not fear
''rea sonable" trusts and none To- those mo
oppose all restraint Of trade.
! IL f. possible thai Congress may see M
| to EXPRESS its disapprOval of the constrlic-
tim placed upon the antitrust law by the
court in the standard oil and Tobacco |
cases II may see IN To pass some or IN"
bills already introduced By specifically de-
clarng that the law prohibits all restraint
Of trade not merely unreasonable restraint. |
/ While ! think that this ought to he done /
i'm order that the present law NAV not us
/ robbed Of such strength as il possesses.
such legi~ Station should lie accompanied by
further legislation that viii fix arbitrarily /
the percentage of the total product which
! one corporation ear control. The law as II !
I formerly stood and as IL was previously /
construed was uncertain euough-it va
! difficult for CORPORATION 10 know exactly !
! what ii might or might not lawfully do. /
I but this uncertainty IS greatly increased by |
| the insertion Of the word unreasonable. |
/ The Democratic platform Of 1905 set forth |
nt. tI. I'M. n
those who urge H. afford substantial relief |
10 the public without doing Injustice 10 any
/ corporation. The platform plan contem- !
plates the licensing oS any corporation en- /
gagged I'm Interstate commerce when tina z :
/ corpora ton controls as much as p per cent |
/ Of the total product; corporations con !
( trolling less proportion would not be
/ II the Supreme Courr is to become log
| slstive hody. what reasau can be given for
not making II elective also The people |
would submit much more willingly 70 judi !
| Cial legislation If they had a chance 70 elect
/ the Judges for fixed terms. VIII they con !
/ by a court whose members are not only
/ appointed by the President but appointed
! for life
! In the light II this decision. who Is likely !
! 10 he convicted Of criminal violation ~
I the antitrust law We may as veil rec |
ognze that We now have no criminal Law |
| against the trusts. Whatever is left of the |
antitrust law-the onlr protection against |
moncpolies for twenty-onH years must he !
enforced As a civil statute. and Of what !
( value Is that when IT requires four and
| halr years 70 reach decision which. when !
reached. is Of but little value when applied /
/ TO another case? According 10 the decision /
/ Of the court. each case must now ne de- |
cided upon the facts which II presents. the /
| reasonabeness cf the restraint being a /
mere matter Of opinion.
Judge Peter : Grosscup Of the United /
States Circuit Court. whose speeches and |
opinions on the subject Of the great com
binations Of capital have aroused national |
interest. declares:
The paramount benefit ~ this latest de-
cision. 10 my mind. is that il will bring
the public mind TO discern that We are
IN a now age in which combinations. and
mOnOpolles even. are economic necessities.
and that being here. as the necessary eco
nonic equipment OF the times the thing
10 do with them is not 10 train guns on
them as If they ought not TO be here at all.
but 10 so safeguard them forms Of in
vestment and so limit them in dividends
I allowed 10 be paid their rights are state
given only not the rights Of natural per
sons that they will have no motive TO
deal otherwise than fairly with the people.
and will become also. as property invest
ments. representative OF the people Why
should We continue longer to waste our
energies in trying 10 undo what is ordained |
by an economic law as ineXoraba as any
law Of nature? Why not. on the contrary.
Law hold Of II. utilize II, and broaden IN.
to the highest uses Of mankind. just as sci
entsts and inventors have laid hold of the
aWs Of nature utilizing them and broad
ening their use. until they have become
the common possession Of mankind? n is
Just here-the clearing Of the ground fov
intelligent progress in behalf Of the masses
that This decision Is an event-a turning
event IN the life OF the nation.
James NJ Beck. ex-Assistant Attorney
General, now counsel to the Sugar Trust
and to other large corporations. believes
that the Sherman law impossible OF
enforcement. To avoid committing a great.
practical industrial nation 20 a policy 81
hari-kari successive Attorneys General
necessa rily ignored IT'S impartial enforce
ment, and as a sop to a supposed public
sentiment brought suit only against few
of the larger and more unpopular combina-
tons 4 government OF caprice thus
substituted for a government o, law.
The trust decisions just announced will UNI
doubtedly contribute In their clear recog
milton that the law is impotent 10 forbid |
all combinations which incidentally re-
strict competition, but the problem is, in
its last analysis. legislative I'm character,
and what is imperatiyely needed is a
saner public sentiment. which will compel
Congress 10 conform the laws Of business
10 the Irresistible and centripetal tenden-
cies of steam and electricity
Frederic r. Coudert thinks that much
remains 10 he done. and. following out
this idea. offers this consoling opinion:
The Sherman law. II construed absolutely
and literally. according 10 the most APP
proved Chinese method would result in
complete economic tsgnation. Interpreted
nationally. in the sense intended by its
originator, as declaratOry of well settled
rules % common law. IL will not annhilate
business nor even perhaps very seriously
impair It's Development. The real diffi-
Guilty lies in the fact that the nation has
not as vet thought out any intelligent leg
islstive programme which will adequately
dec with new and largely untried economic
conditions.
John Larkin. the corporation advocate,
believes A great step forward has been
taken lie says: This construction. ap-
healing 10 every one Just and fair and
far-reachirg should satisfy all. II should
satisfy the great corporation or trust be-
cause IL should be prepared AT all times
10 stand or fall upon the question whether
or not it's activities are beneficial or hostile
10 the public welfare. II should satisfy the
smaller combination because its business.
inconsiderable and negligible. may not be
the subject OF attack by an overZealous
nublic prosecutor. IL should satisfy every
citizen because the object OF the act has
been attained
SOCIAL NOTES FROM NEWPORT.
~. Tsier-1oh TO The Tribune.