The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-05-26
SCORES JUSTICES
FOR OIL DECISION
Harlan Files Opinion Which Declares
Recent Ruling Will Result in
Much Litigation

WASHINGTON, May ga vigor-
GUS opinion. setting forth in stronger
language, his dissenting views deliv-
cred orally from the bench, was filed
In the supreme court OF the United
States today by Associate Justice
Harlan In the Standard Oil case. He
scores the other eight members OF
the highest bench for interfering
with the people. the source OF all leg
islative power" and sets forth his be-
lief that the majority opinion, instead
of beneftting business. will result In
much litigation, the injurious effect OF
which will be felt for many years to
come. He agrees with the majority
In finding the Standard OIL Co. guilty
and ordering It's dissolution, but In
the strongest terms condemns the
judicial usurpation of the legislative
power"
His argument against the reading
into the law the word unreasonable"
referring to the prohibition OF COM
binations I'm restraint of trade" Is
set forth at great length.
The senior justice quotes sarcastic
ally the statement that the majority
of the court has modified the decree
OF the lower court in the Standard Oil
case as to minor matters"
Il apprehend,' he said. that those
notifications may prove to be mis-
chievious."
Harlan began with a discussion OF
the conditions which brought about
the enactment of the Sherman law
He compared the situation to the
slave times, declaring
The conviction was universal that
the country was IL real danger from
q slavery that would result from az
gIegations OF capital In the hands of
few individuals and corporations
controlling for their own profit and
advantage exclusively the entire bust
ness of the country, including the
production and sale of the necessaries
Of life.'
Guarded by this belief, he said, con-
gress enacted the antitrust law. He
quoted the decision of the court IN
1896, In the trans-Missouri freight
case, where for the first time, the
unreasonable" restraint OF trade
plea was advanced by opponents of
the Sherman law.
Summing UP, Harlan declared the
court should have Immediately In
structed attorneys who argued the
reasonable" construction In the
Standard Oil case that such a con-
struction was not open to argument,
having been established by previous
decisions, and that they would have
TO go to congress for any change.
But" he said, my brethren, IN
their wisdom have now said to those
who condemn our former decisions
and who object to all legislative pro-
hibitions Of contracts in restraint Of
commerce, You may now restrain
such commerce, provided you are rea-
sonable about it. The disposition OF
the case, according to Sthe views of
the defendants. will quiet and give
rest to the business OF the country
On the contrary. have strong con-
viction that II will throw the bust
ness OF the country into confusion
and invite widely extended and har-
RAISING litigation, the injurious ef-
fects Of which will be felt for many
years to come.
Il said at the outset Tat the ac-
tior Of the court In this case might
well alarm thoughtful men who re-
we're the constitution.
THE courts have nothing to do
with the wisdom or the policy of an
act OF congress. They have no func-
ton to declare public policy nor to
amend legislative enactments. New
ertheless, II do not mlsapprehend
It's opinion, the court has not read
into the act of congress words which
are not to be found there. and has
thereby done that which II adjudgtd
in 1896 and 1898. could not be done
without violating the constitution.
After many years OF public SER
vice at the national capital and after
somewhat close observation Of the
conduct of public affairs I am i'm
PEELED to say that there rs abroad In
our land a most harmful tendency to
bring about the amending OF constitu-
tons and legislative enactments by
means alone of judicial construction.
1.-THE supreme law of the land.
which Is binding alike upon all gives
TO congress and TO congress alone au-
thority to regulate interstate COM
nerce and when congress forbids any
restraint OF such commerce In any
form all must obey its mandate.
To overreach the action Of congress
merely by judicial construction, that
Is, by indirection, Is blow at the
integrity of our governmental system
and In the end will prove most danger
GUS to ALL"