The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1911-12-05

hts 49, aeS%fttaa y tt* " NHNN3aNF
entsus ~ ns 9maanssai sseff SEES
sssss ses eesu ssesttuh IN restrain ~
snsssstsis tssss msas VIA fse patFess
~ seetsssfs .rees ~ rrnfFcli'Hs fS'crs
~ silalhs eusapsslsses. "a n establish.
stK 81 whels e. ~ part sacHaEe'lf ~
sorh sfsas. IA eenaswsea ~ shs stat
pss TIE wsss sssteme etities eshnst
Instance . casa that easht 20 be eeh
asfnnea anasf 81. stsiuss shith V set
ssvurhl wwhia lts sestus ~ Tvs cen
s,fmsd
Tsw snTsetiien 70 also made that she
Supreme court By rs decision IN The
last tee eases hss committed W TIE
court the underlined and ualimiied eis.
erection 20 determine whether . case
~ restraint Of trade n ~thin ths
terms Of The statute THIS Ia wholly
untrue A reasonable restraint ~
trade at common Law Ia well Under
stood and ~ clearly deemed u does
hot rest IL the discretion 81 the eoar,
II must be limited to accomplish the
purpose OF lawful main contract TO
which. In order that I, shall be en-
soreeshis At all. II must be Incidental
n II exceeds the needs OF that contract
II Ia void
The test OF rsascnabisness vas
never applied by the court at com
mon.law to contracts or combinations
or oonspiraciss IN restraint OF trads
whose purpose was or whose nec~s'
sary effect would be TO stlie eomps J.
ton. to control prices. or establish
monopolies The courts never a.
sumed power to say that such con
tracts or combin atoms or conspira'
cies might Be lawful II the parties TO
them we're only moderate In the use
OF tho power thus secured and old
not exact from the public too great
and exorbitant prices II is true
that many theorists, and others en-
gagged In business violating the
statue. have hoped that some such
line could be drawn by courts; but
no court OF authority has ever at
tempted It, Certainly there 10 moth
cases which should be dangerous
theory OF Judicial discretion In en-
forcing this statue can derive the
slightest sanction.
Force and Effectiveness Of statute .
Matter Of Growth.
We have been twenty-one years
this statue effective for the
purposes for which II was enacted. /
rhe Knight case was Encouraging
md seemed to remit TO the states the |
vhole available power to attack and
uppreas the evils OF the trusts,
|lowly. however. the errors OF that
Judgment WAS corrected. and only In
he last three or four years has the !
eavy hand OF the law been laid upon |
he great illegal combinations that |
lave exercised such an absolute do !
ninion over many OF our industries.
Criminal prosecutions have been
brought and number are pending,
but suries have felt averse TO convict.
ing for ian ~entences. and Judges have
been most reluctant to impose such SEN
fences on mer OF respectable standing
! In society whose ofYense has been
| regarded as merely statutory. still.
M the onense becomes better under.
stood and the committing OF II par
takes more of studied and deliberate
defiance OF tho law, we can be conf
dent that juries will convict individ.
ials and that JAIL sentences will be
imposed.
rho Remedy In EQUITY by Disso,ution
In the Standard on ca.e tho d..
RENE and circuit courts found ~.
omb,natjon TO bs a mono,oIv =, ~
,t.rstats busin.s. NJ reen,rs go.
oytipx and marke,iny notroIs,u "a
/, produots orec,ed ana ,ra,n,a,n.s
byopvh th,rtv-aever N,r.r.n,
orstions Tho .,ock n, .,htoh 49,,
cid nv n New J.rsev corrn.nv =,
n effect commanded tho disso,r,,o,
Il this combination. directed m.
ransfer and pro.rata dlstrihutIor nv
he New Jersey company q, the
stock held by It In the tbirtv...ver
to and among It's stock.
holders, and the corporations and in.
dividual defendants were enjoined
from conspiring or combining TO re-
store such monopoly; and all agree
ments between the subsidiary corpor-
huohs tending TO produce or bring
ABOUT further yintpttnna nj