New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-12-06

The full text Of the message follows:
To the Senate and House of Representa-
tIVes.
This message Is the first Of several
which 7 shall send 10 Congress during
the interval between the opening OF ITS
regular session and It's adjournment for
the Christmas holidays. The amount or
information 10 he communicated as 10
the onArations Of the government, the
nnmber Of important subjects calling for
comment by the Executive and the
transmission 20 Congress OF exhaustive
reports Of special commissions, make II
impossible 10 include in one message OF
a reasonable length a discussion OF the
topics that ought to he brought 10 tho
attention of the National Legislature at
its first regular session.
The Supreme Court Decisions.
I'm May last the Supreme Court handed
down decisions in the suits in equity
brought by the United States TO enjoin
the further maintenance If the standard
OIL Trust and Of the American Tobacco
Trust and to secure their dissolution. The
decisions are epoch making and serve TO
advise the business world authoritative
Is Of the scope and operation Of the anti
trust act Of 1890 The decisions do not
Uf part III any SNHSlSUlldl Ndg lihul INC
previous decisions of the court in con
STRUNG and applying this important
statute, but they clarity those decisions
by further defining the already admitted
exceptions TO the literal construction of
the act. BY the DEGREES they furnish
4 useful precedent as TO the proper
method Of dealing with the capital and
property Of Illegal trusts. These de-
cisions suggest the need and wisdom Of
col lot -,
make il easier for the entire business
community To square with tho rule Of
action and legality thus finally estab-
lished and 10 preserve the benefit, free
dom and spur of reasonable competition
without loss Of real efficiency or prog
ress
No Change in Rule Of Decision.
The statute in its first section declares
70 be Illegal every contract. combina-
ton in the form Of trust or otherwise,
or conspiracy, in restraint Of trade or
commerce among the several states or
with foreign nations and IN the sec
ond declares guilty Of misdemeanor
every person who shall 1monopolize or
attempt 10 monopolze or combine or
conspire with any other person 10 mo-
nCpolize any part Of the trade or COM
n7ercc Of the several states or with for
eign nations
In two early cases. where the statute
WAS invoked TO enjoin transportation
rate agreement between interstate rail
road companies. il WAS held that It was
no defence 10 show that the agreement
as 10 rates complained Of was reason
able at common law, because II was
ssid that the statute was directed
against all contracts and combinations
in restraint Of trade, whether reason
able At common law or not. II was plain
from the record. however. that the con-
tracts complained Of I'm those cases
would not have been deemed reasonable
ct common law In subsequent cases
the court said that the statute should
be given Reasonable construction. and
refused 10 include within it's inhibition
certain contrsctual restraints Of trade
which it denominated as incidental or
as indirect.
These cases Of restraint Of trade that
the court excepted from tho operation
OF the statute were instances which. at
common law. would have been called
reasonable In the Standard oil and
Tobacco cases. therefore. the court mere
Is adopted the tests Of the common law.
and i'm defining exceptions 10 the literal
spplication Of the statute only substi-
tutcd for the test Of being incidental or
indirect that Of being reasonable. and
this without varying i'm the slightest the
actual scope and effect Of the statute
IN other words. an tho cases under the