The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-05-26
SUPREME JUSTICE GIVES DIS.
sENTiN6 OPINION AS TO
STANDARD OIL CASE.
IS STRONG ORAL ATTACK
Chief Justice White and Balance of
the Tribunal Scored for Permittinu
Restraint"-Also Deplores Decision
Permitting Subsidiary Combination.

Washington, May 25.-Sinl as on.
posed to the major opinion OF the su-
preme court of the United States i'm
the Standard OH case as he was on the
day that opinion was announced. AS
sociate Justice Harlan today filed In
court his formal dissenting opinion in
that suit. His oral attack on the court
Tor holding that only unreasonable or
undue restraints of trade are violation
OF law. furnished the outline for to-
days broadside against the opinion.
lie went further, however and crit
icized the court for modifying the
decree of the lower court SO as TO per-
NIT the subsidiary companies to enter
into agreements among themselves.
and expressed conviction that IN
/ stead of the opinion giving quiet 10
the business of the country. 1t would
throw il into confusion and incite Wfde-
" extended and harassing litigation,
the Injurious effects of which will be
felt for many years to come
Ever since the case was decided, on
May Is. Justice Harlan has been pre-
pairing his dissenting opinion and II
was not completed until today. One
~ ih' itSA IL ~ SIlu,
was to insert quotation from the de-
cision of Judge (now president) Taft.
I'm the Addiston pipe case. I'm which
Judge Taft said that according to the
decision of the supreme court OF the
United States. all restraints. whether
reasonable or unreasonable under the
common law, We're forbidden by the
statute.
Not satisfied with his oral dissent
! from the courts opinion as handed
! down by Chief Justice White, Justice
! Harlan entirely rewrote the steno-
| graphic report OF his remarks from
the bench The oral dissent formed
| merely a framework for the final doc
nment. containing about 5000 words,
| put on record today.
Justice Harlan brands as mischiey-
Gus the modification made by the court
| In the decree of the lower court per-
| mitting subsidiary corporations or the
Standard oil. after dissolution of the
/ combination, To make normal and
lawful agreement" among themselves
Chief Justice White had characterized
this modification az n minor matter"
The further declaration is made by
Justice Harlan that he Is convinced
that the courts opinion "will throw
the business of the country into con.
fusion and invite widely extended and
harassing litigation. the Injurious ef-
fects of which viii be felt for many
! years to come"
In connection with what he terms
/ "mischievous modification" Justice
Harlan quotes the chief justice as say
ing that 1T does not necessarily follow
that because an illegal restraint OF
trade or an attempt 10 monopolize or
a monopolzation resulted from the
combination and the transfer of the
stocks of the subsidiary corporations
to the New Jersey corporation, that
Il like restraint or attempt to monopo :
/ lize or monopollZation would necessar-
lily arise from agreements between one
or more of the subsidiary corporations
after the transfer of the stock by the
NeH Jersey corporation
Taking this language In connection
with other parts of the opinion" says
(f2utiDnpl m 1ba na IstpaN