The citizen., 1911-12-15
PRESIDENT TAFT'S FIRST MES
SAGE TO CONGRESS.

The President las, week transmitted
to the two Houses Of Congress at the
current session. his first message.
The message was. as or purported TO
be. a message on the trusts. That is
what the President said it was. In fact
it was a message in defense. and an argu
ment in favor and support Of the decisions
ofthe Supreme Court IN the Standard
Oil. and the Tobacco Trust cases. and
the object was indirectly to justify his
appointments Of Judges to the Supreme
Court Bench made last year.
The President evidently feels very
keenly the sharp criticisms Of these ap-
pointments. made by the press and the
prominent men in all parts Of tie cOun-
try. and especially the criticism OF Mr..
BRYAN. 1t is only natural that he should
feel very acutely the public opinion ad-
verse to his appointments TO the bench
of The most distinguished and important
court in the world. He went at large
into a review Of these two decisions, and
made a very laboriOus argument to
prove that those two opinions were IN
full accord with The two prior decisions
made by the same court on the Sherman
Anti Trust Law There was no reason
for this argumen, If the decisions render
ed by the Supreme Court in those cases,
was in strict accordance with the two
prior decisions. because the DEGREES OF
the court speak for themselves in the
clrarest and plainest terms and no in
telligent man. murh less an intelligent
LAWYER, can be mistaken as to lust wnat
was decided in each and all OF the tour
cases.
1t is fact that the court in each one
of the first two cases followed strictly the
words Of the Anti Trnst Act. and denied
the right Of any combination oi trust in
restrain OF trade. or TO form a conspiracy
to restrain trade. or TO create monopoly.
1t would seem to any fair mind that
this was 50 plain question and decision
that any argument could be made or
needed to be made, TO explain il. Il IS
also true that in both of these first cases,
Judge White. who was then an Asso-
ciate Judge Of the Supreme Court, de-
livered dissentieg opinion, in which he
differed with a majority OF the court in
the decisions rendered.
When the Standard Oil and Tobacco
Trust cases were decided, Judge White.
who had been appointed by President
Taft as Chief Justice. rendered the de-
cisions OF the court and both Of the de
cisions, were almost in the very words OF
his dissenting opinions in the first two
cases They were, as a matter Of fact.
fiat reverssls Of the two prior decisions
OF the court.
Judge Harlan, who sat in all four
cases and who united with the majority
in the first two cases. and he deliver, d
dissenting opinion in the Standard Oil
and Tobacco Trust cases. in which he
said tn plain terms that the Supreme
Conrt was guilty Of judicial legislation.
and that il was dangerous in the highest
degree Those two dissenting opinions
will go down in history as the most i'm.
portant dissenting opinions ever delivered
in any court in the world.
President Taft has been asked in plain
terms If he knew how the four Judges
that he appointed stood on the trust ques-
ton and on whose and what recommen-
dl'ioa, he made the appointments. which
question he has not yet answered, nor
attempted to answer and never will.
The fact remains, however. that all of
his four appointees joined in the decis
ions in the two giant trust cases. and
reversed the former decisions of the Su-
preme Court in its construction of the
Anti Trust Law. The Chief Judge was
so fortunate as to have the other three
judges appointed by Mr.. Taft, unite with
him in adopting his dissenting opinions
lin the first two cases, as the true con-
.strucfion Of the Sherman Antitrust
Law. The President then goes on at
great length and discusses the Anti Trust !
statute, and says that it ought not to be
repealed, FOR as construed in the Stand
ard Oil and the Tobacco Trust cases, it
is very good law, and does not need
any amendment and then in the same
breath. he saws that there ought to be
some additional legislation to add to