Yellowstone monitor. [volume] (Glendive, Mont.) 1905-1928, 1911-12-07
MESSAGE OF
The PRESIDENT
NJ Taft Champions the Anti
trust Statute.
MN REMEDIES SUGGESTED.

NEW RtMEyIES SOUUESIGn
NJ, Repeal or Amendment, but Sup
elemental Legislation Needed-Ths
robscco Trust Decision an Effective
o,s-FsdsraI Incorporation Recon-
handed and a Federal Corporation
Commission Proposed-The Test of
rRsasonabIensss."
10 the Senate and House Of Repre-
sentatiYes:
This message is the first Of several
which | shall send to congress during
tha interval between the opening Of
lts regular session and It's adjourn
nent for the Christmas holidays The
amount Of information to be commu-
pioated as to the operations OF the
government. the number Of important
.mbiects calling for comment by the
executive and the transmission to con-
gress Of exhaustive reports or cial
commissions make it impos lie to in.
clude In one message Of a reasonable
length discussion Of the topics that
ought to be brought TO the attention
ot the national legislature at its first
regular session. ..
The Antitrust Law-The Supreme
Court Decisions,
In May last the supreme court hand
ed down decisions IN the suits In equi-
t. brought BY the United States to en-
join the further maintenance Of the
Standard OIL trust and OF the Ameri-
can Tobacco trust and to secure their
dissolution. The decisions are epoch
making and serve to advise the bust
1ess world authoritatiYely Of the
scope and operation Of the antitrust
act Of 1890 The decisions do not de-
part In any substantial way from the
previous decisions OF the court in con-
STRUNG and applying this important
statute, but they clarity those deci-
slons BY further defining the already
admitted exceptions to the literal con-
sEFQetion OF the act. By the DEGREES
tley furnish q useful precedent as to
Inc proper method Of dealing with the
eaptal and property Of illegal trusts
1lese decisions suggest the need and
"lsdom OF additional or supplemental
legislation to make it easier for the
entlfe business community to square
nltA the rule Of action and legality
'aHS finally esta ablished and TO pre-
serve the benefit. freedom and spur Of
teasonaoIe competition without loss OF
'@' efficiency or progress.
'o change In the Rule o. Decision.
merely In Its Form of Expression.
me statute in It's first section de-
uaFes to be illegal every contract,
sVlolnation In the form Of trust or
v.AeF"lse or conspiracy In restraint
:. uade or commerce among the sew
oai states or with foreign nations"
sa0 IN the second declares guilty OF q
1-'Sueneanor every person who shall
14oAopollZe or attempt to monopolize
y combine or conspire with any other
person to monopolize any part OF the
""ue or commerce of the several states
y with foreign nations"
u TWO early cases, where the statute
=. ssS invoked to enjoin transporta-
wv wv rate agreement between inter
tsa s@,e railroad companies, it was held
= .A'' IL was no defense to show that
NC agreement as to rates complained
: was reasonable at common law, be-
~. asuSe II was said that the statute wes
s.1scted against all contracts and com
saa'ions In restraint of trade, whether
1SonaoIe st common law or not. 1t
NJ pain from the record, however,
- sl tne contracts complained OF In
use eases would not have been deem
= 'eaSonable at common law. In sub.
~ t4ueht cases the court said that the
~ s'u'e should be given a reasonable
WIN ssustf0ct1on and refused to include
~ .'nlh It's inhibition certain contrac
pa., Nc. restraints Of trade which it de-
minated ~ as incidental or ) indirect.
~ tAese cases OF RESTRAINT of trade that
a. - tOart excepted from the operation
>, the statute were instances which
:. common law would have been cali
ana 'easonable. In the Standard OH
nas., s tobacco cases, therefore. the court
non ,y adopted the tests OF the com
t6s u u, ,sT and in defining exceptions to
oplv neral application Of the statute
ioe,aa substituted for the test OF being
rea1al reasoaal or indirect that of being
ii Saaoie' tSa ,. and this without varying
efeat $ slightest the actual scope and
ali H. y the statute. IN other words.
have cases under the statute which
." bean decided would have