Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-05-26
ALLTowN, IOWA, FRIDAY MAY as 1911
could electrjfy the line at once and
states that It will be the intention to
connect the cities of Oskaloosa and
Des Moines via Newton
HARLAN AssAILs OIL RULING.
Justice Fiiss Dissenting Opinion criti
cixinu Views Of Majority.

Washington, May 26.--Stil as op-
posed to the majority of the supreme
court OF the United States in the Stan
dard OH case. as he was on the day it
was announced, Associate Justice Har-
land filed in court his formal dissent
ing opinion.
Mr.. Harlan's oral attack on the
court for holding that only unreason-
able or undue restraints on trade are
in violation OF the law furnished the
outline for today's broadside against
the opinion.
He went further, however. and criti-
cised the court for modifying the decree
Of the lower court so as to permit the
subsidiary companies to enter into
agreements among themselves and ex-
pressed conviction that instead of
the opinion giving quiet and rest to the
business Of the country it would throw
It into confusion and invite widely ex-
tended and harrassing 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 1t
was not complete until today.
One of the last changes made, 1t Is
said, was to insert a quotation from
the decision Of Judge Taft. now presi-
dent, dn the Addyston pipe case. In
which the court said that according to
the decision OF the supreme court all
restraints, whether reasonable or un-
reasonable under the common law.
were forbidden by the statute.
In connection with what he terms
"mischievous modification Justice
Harlan quoted Cnief Justice White
saving at does not necessarily follow
that because an illegal restraint of
trade oran attempt to monopolize or
monopoHzation m resulted from the COM
bination and the transfer of the stocks
Of the subsidiary corporations to the
New Jersey corporation, that a like
restraint of trade or attempt to mono
poize or monopolization would neces-
sarily arise from agreements between
one or more Of the subsidiary corpora
tions after the transfer of the stock by
the New Jersey corporation"
Allows UnWise Latitude.
Taking this language in connection
with other parts of the opinion" says
Justice Harlan, 1.-THE subsidiary COM
panies are thus, in effect informed
unwisely, think-that. altho the New
Jersey corporation. being an illegal
combination, must go out Of existence
they may joins1S::n an agreement to re-
strain commerce among the states, II
such restraint lis not undue
Justice Harlan reiterates that the
supreme court reversed Its former rul-
ings in the Trans-Missouri Freight
and Joint Traffic Association cases
Quoting several hundred from
each Of thees opinions, he says:
These utterancas show SO clearl,
and affirmatively as. to admit OF nc
doubt that this court, many years ago
upon. the fullest consideration. inter-
preted the antitrust act, as prohibit
ing and making Illegal not only every
contract or combination. In whatever
form, which was in restraint of inter-
state commerce. without regard to Its
reasonableness or unreasonableness
but all monopo!ies or attempt to mo-
nopoiize any part Of such trade or
commerce."