The Julesburg grit-advocate., 1911-12-14
Of the statute. Thi. is wholly u.er.s.

clearly defined. II does not rest in the
discretion Of the court. 1t must he
limited to accomplish the purpose OF q
lawful main contract to which IN order
that II shall he enforceable at all IL
must he incidental II it exceed the
needs Of that contract it is void
The test Of reasonableness was never
applied by the court at comman law
10 contracts or combinations or con.
purpose was or whose necessary effect
would be to stife competition. to con
troll prices or establish monopOlies
The courts never assumed power TO
say that such contracts or combina-
tions ur conspiracies might be lawful
II the parties to them were only mod
crate in the use Of the power thus sc
cured and did not exact from the pub
lie too greas aud exorbitant prices 1t
il true tia. many theorists and others
engaged in business violating the stat
ute have hoped that some such line
could he dra wn by courts, but no court
Of authority has ever attempted il.
Certainly there is nothing in the deci-
sions OF the latest two cases from
which such a dangerous theory OF ju-
diciai discretion in enforcing this stat
ute can derive the slightest sanction.
Force and Effectiveness Of 8tstuts .
Matter Of Growth.
We have been twenty-one years max
ing this statute effective for the pur-
poses for which it was enacted. The
Knight case was discouraSils and
seemed TO remit to the states the whole
available power to attack and suppress
the evils of the trusts. Slowly. hOwev-
er. the error of that judgment was cor.
rected. and only in the last three or
four years has the heavy hand OF the
law been laid upon the great illegal
combinations that have exercised such
an absolute dominion over many OF our
industries. Criminal prosecutions have
been brought. and humber are pend
iu.. but jurics have felt averse to con.
victiag for Jail sentences and judges
have been most reluctant to impose
such sentences on men Of respectable
standing III society whose ofense has
bccu regarded as merely statutory.
Still us the otfense becomes better un'
dcr>.oud and the committing Of 1t par
takes more of studied and deliberate
defiance of the law we can be conf
dent that juries will convict individu
ais and that Jail sentences will be i'm
posed.
The Remedy In Equity by Dissolution
In the Standard Oil case the supreme
and circuit courts found the combina
ton To be monopoly of the interstate
business of refining, transporting and
marketing petroleum and its products
elected and maintained through thir
ty-Scvcn different corporations. the
stock OF which WAS held by New Jer
sey company. 1t in effect commanded
the dissolution of this combination. di
rcc'cd the transfer and pro rata distri
button by the New Jersey company OF
the stock held by it in the thirty sever
corporations to and among its stock
holders. and the corporations and indi
Vidal defendants We're enjoined from
cou>piriug or combining to restore
u
tween he subsidiary corporations tend
inS to produce or bring about further
violations of the act were cnioinHl.
In tie tobacco case the court found
that the individual defendants. TWEEN.
ty-nise III number. had been engaged
in Il successful! effort to acquire com
plclc dominion over the manufacture
Z u. S,, Nj
county and abroad and that this had
been done by combinations made with
Il purpose and effect to Stiic comle;i
tiou. control prices and establish 4
monopoly not only in the manufacture
OF tobacco. but ais, Of Tin foil and lie
oricr us,d in its manufacture and OF
lis products OF cigars. cigarettes and
snufl> The tobacco suit presented i
far more complicated and difficult cas-.
than the Standard Oil suit for Il decree
which would cTectrlate the will Of the
court and end the violation of the stat
ute There was here M single hold
Ing company. As in the case Of the
Standard Oii trust. The main comrnn,
was the American Tobacco company
4 manufacturing. Scilin. and hoidiu.
company The plan adopted To de
s;roy tie combination and restore com
petition Involved the rc<iivi>ion of tn,
capital and piam> Of the whole trliS'
between some of HE companies con
shutting he trust and rev companie,
organized FOR the pNrls,scS of the dc
cree aud made parties to it and nam
beriug. new and old. fourteen.
Situate, After Read justmsnt.
The American Tobacco compan!
foid,. rcadiu>ird capital S?2NH.Ccu
the Ligsc't i Meyers Tomaccn romran.
new. capita, S';I.O0nGHD: the T.. l.nril
lard company new. capital SiI.nfo.
COO. aud the l. i. Reynolds Tobacco
company tnld'. capital SI.'2:i'hs,. ar
chiefly engaged in the Inanufac.ur,
and sale OF chewing and >nnkin= to
:.ucco ard cigars. The former one Ii,
foil company is divided int" two. on
OF SSe52OO capital and the ntlser o
100000. The one snur company l.