Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-16

less than 60 per cent Of the steel output
OF this country.
An investigation into the affairs OF the
steel corporation begun by the Depart
ment Of Justice some weeks age was
abandoned. and Attorney General Wick
ersham decided to wait until the decision
of the Supreme Court was handed down
in the Standard Oil and Tobacco Trust
cases before proceeding.
The decision in the former case yester.
day. making distinction between good"
and bad trusts. may convince govern.
ment officials. 1t is said, that the steel
trust cannot be successfully prosecuted.
1t is pointed out by persons familiar
with administration affairs. 'on the in
side" that the federal Incorporation pro-
gram will be revived and hailed as a
forth in the opinion expressed by Chief
Justice White yesterday afternoon.
Talk Of Prosecutions.
Attorney General Wickersham may con-
slider criminal prosecutions OF the officials
of the Standard Oil Company. 1t was
learned today that some Of the officials
OF the government held that there is OPP
portunity for such proceeding under
the decision given by the Supreme Court
yesterday.
What position the Attorney General will
take is not known. 1t is said that in
event that the Oil trust officials should
plead immunity under the statute OF lin
itations the government could take the
position that the combination in restraint
Of trade was a continuing conspiracy
until the moment the court ordered 1t
dissolved.
There is no authority for the state
ment that the Department of Justice Is
formulating criminal proceedings, but
such action is one of the features or the
aftermath of the case which may be
considered.
Opinions in Demand.
There was a great rush at the clerks
office Of the Supreme Court today for
copies Of the famous opinion. There
were not enough to supply the demand,
but more will be available later.
Although the full opinion of the court
totaled more than 10000 words. Chief
Justice White to the surprise of all. an
nounced at least half of 1t without ap-
parently glancing at the notes which lay
before him Evidently the Chief Justice
had the opinion so well arranged in his
mind that he spoke without helps.
In ending a struggle of years on the
part Of the government to put down q
combination which was claimed to be
menace to the Industrial and economic
advancement of the entire country, the
court declared that the Standard Oil
Company Of New Jersey and its nineteen
subsidiary companies were conspiracy
and combination in unreasonable re-
staint OF trade under the Sherman law.
and ordered the dissolution of the COM
bination within six months
Each Case on Merits.
At the same time the court did not con-
denim all great interstate corporations
and did not hold that every restraint
Of trade was a violation Of law. The de-
cision plainly left the inference that each
corporation whose acts may be called
into question must be Judged upon the
merits Of its particular case.
In other words, the court seems to have
upheld the doctrine that there are good
and bad trusts. The fate of the So
called tobacco trust is hanging in the ball
ance. Whether it is good" or bad
trust probably will be decided May %. the
last decision day Of the present term of
court.
There was much discussion here today
Of Justice Harlan's dissenting opinion.
He declared that there ought to be no
recognition Of the difference between
reasonable restraint and ''unreason-
but that Congress ought to do 1t, If 1t
were to be done.
Has Not Changed Law.
'But the fact remains" declared Justice
Harlan, that until this day Congress
has been satisfied with the law as writ
ten In this respect. and today the law
stands that every contract in restraint of
trade In illegal"
AS one Of the direct results of the de-
cision. 1t is said that the federal incor-
poration act. prepared by Attorney Gen.
eral Wickersham at the direction OF
President Taft. may be brought up to
the situation created by the courts &C.
ton and pressed for passage in Congress.
A synopsis Of the Supreme Courts
decision In the Standard OIL case will
Do found elsewhere In The Star.