Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1911-05-18

put uOWHs ny duluoiLpJ ol law, cOih-
bination which it claimed was a mem
ace to the industrial and economical
Advancement CT the entire country
At the same time the court inter-
preted the Sherman antitrust law so
as to limit is application to acts Of
undue" restraint Of trade and not
every" restraint Of trade.
1t was on this point that the only
discoriant not was heard in the court.
Justice Harlan dissente1, claiming /
that cases already decided by the
court had determined, once for all,
that the word undue" or "unreason-
able" or similar words, were not in
the statute.
He declared that the reasoning of
the court in arriving at its finding
was in effect legislation, which be-
longed in every instance to congress
and not to the courts.
Ever since the decree in this case
in the lower court. the United States
circuit court for the eastern district
of Missouri. WIS announced, hope
has been expressed by the business
world" that the law would be modi-
fed so as not to interfere with what
was designated honest business. To
night that section of the opinion call
ing for the use of the rule of rea-
son in applying the law is regarded
/ in many quarters as an answer to the
prayers Of the business world"
The opinion of the court was an
nounced by Chief Justice White. In
printed form il contained more than
10000 words. For nearly an hour
the chief Jusr.ce discussed the case
from the bench going over most of
the points in the printed opinion
but not once referring to it in order
to refresh his memory.
Before him sat an audience of
the most famous men in the country.
Senators and representatives left
their chambers in the capital to lis
ten TO the epoch-making decision of
the court. Most eager to hear we're
Attorney General Wickersham and
Frank B. Kellogg, special counsel
for the government. who had conduct
ed the great fight against the Stand
ard Oil,
None of the brilliant array of coun-
sci for the corporations or individual
defendants was present during the
reading of the opinion.
Today, as on previous decision days
for months, rival brokers agents
with messengers in line to the var
ious telephone and telegraph instru-
ments throughout the capital were
on hand. but to their dismay the an
: pouncement Of the decision was not
i begun until an hour after the close
5 Of the stock markets.
Many expected that the decision in
} the dissolution suit against the to-
= bacco corporation would be handed
= down Immediately after the decision
j in the Standard Oil case. This was
not done. however, but the decisio
! is expected on May %, the last de-
{ cision day of the court until mex
r October.
. The opinion of the court was con
t strued to mean that the tobacco case
p like every other case i'm which re
y straints of trade are alleged, mus
be succeeded to the new test of rea
r. condolences for the restraint as lai'
d down in the Standard oil decision
e BY far the greater portion of thu
t opinion of the chief justice was de
= voted to the justification of the cour
# in requiring that the rule of rea
j. son" be applied to restraints of trad
l. before they were held to be violation
7. of the sherman antitrust law
n The court found this justification
x in the common law of the forefath
ers and in the general law of tn
: country at the time the sherman ant
% trust law was passed.
In short, the court held that tn
technical words of the statute We're
be given the meaning which thos
words had in the common law and
the law of the country at the time
the enactment. This meaning of tn
words. according to the court, Gale
for the exercise of reason in dete
mining what restraints on trade wei
prohibited.
Chief Justice White based the col
illusions of the court that the hol
ings below were right on two broi