Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-13
ADMINISTRATION LAWYERS GALL
ATTENTION 70 RECENT COURT
DECISION.
POWDER TRUST RULING
PROVES ILLUMINATING
Language Of Judge Lannins Leaves No
QUESTION to % Disputed or Criticized
-Adninistratien Fully subseribss to
Position Of Jurist-Hopss and Aims
Of Wieksrsham.
Especial Correspondence

Washington, Nov. 13.-Contending
that the position Of the administration
with respect to the trusts and conbi-
nations and the enforcement of the
Sherman law Is much misunderstood.
administration lawyers are calling at
tention to the decision of the United
States circuit court in the powder
trust case as setting forth the true
doctrine. They say that the language
there used is particularly clear. The
position OF the president and Attor'
ney General Wic!Sersham is that while
the Sherman law must be enforced, 1t
must be done with full sense Of respon-
sibility and that the constructive re-
quirements Of the situation must not
be ignored.
Decision illuminating.
It is learned that in high administra-
ton quarters the language Of Judge
Lanning in the powder trust case is
looked on as more illuminating than
the language Of the supreme court
itself in the oil and tobacco cases. For
this reason the language Of that de-
cision becomes important. Hero Is a
passage from It:
THE recent decision of the supreme
court in Standard OIL Company versus
United States makes 1t quite clear that
the language Of the antitrust act Is
not to receive that lite al construction
which will impair rather than enhance
freedom Of interstate commerce. AS
we read those decisions. restraint OF
interstate trade and restrain Of compe-
ton in interstate trade are not inter-
changeable expressions. There may be.
under the antitrust act. restraint OF
competition that does not amount to
restraint Of Interstate trade, Just as
before the passage OF the act there
might have been restraint Of competi-
ton that did not amount to common
law restraint Of trade.
While all this is true, the recent de-
-cision of the supreme court makes 1t
equally clear that a combination can
not escape the condemnation Of the an
ti-trust act merely by the Urn it as
sumes or by the dress 1t wears. 1t
matters not whether the combination
be in the form Of trade association or
a corporation, II 1t arbitrarily uses Its
power to force weaker competitors out
Of business or to coerce them into a
sale to or union with the combination.
II puts restraint upon interstate COM
MERGE and monopolizes or attempts to
monopolize part Of that commerce in
sense that violates the antitrust
act"
Pleasing TO Administration.
Judge Lanning took into account the
fact that the Incidental results Of a
sweeping Injunction might be serious
to the parties Immediately concerned.
But he held the court should not stay
its hand on that account but take care
that the decree be no more drastic than
the facts Of the case, and the law de-
mand.
To this doctrine, the administration.
1t IL learned. fully suhscribes. At the
same time, thru national Incorporation
with some form Of adequate govern
ment regulation. the administration
would provide for something else than
the mere smashing Of combinations
thru enforcement OF the Sherman
measure. Attorney General Wicker
sham does not hope to restore unre-
1t Is pointed out by those in touch
with him that he believes such dis
solutions as those Of the oil and to-
hacco cases will do much more to
bring about real competition than is
generally expected. It is the government
theory that If the combinations separ-
ated into their constituent companies,
while at first there will be little real
change in the individuals who own the
property. time will gradually bring
about changes and tend to restore COM
petitive conditions.