The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-12-05
the statute common law distinctions.
has smasclNated It. This is obviously

untrue. By It's judgment every con.
tract and combination in restraint OF
interstate trade made with the purpose
or necessary effect OF controlling prices
by sitting competition. or OF establish
ing in whole or in part monopoly of
ute. The most extreme critics cannot
instance case that ought to be con
demned under the statute which Is not
brought within It's terms as thus con-
strued.
The suggestion Is also made that the
Supreme sourt by It's decision in the
last two cases has committed to the
court the underlined and unlimited dis
OF restraint OF trade is within the
terms or the statute. This is wholly
untrue. A reasonable restraint OF
trade at common law is we'll under
stood and is clearly defined 1t does
not rest In the discretion Of the court.
1t must be limited to accomplish the
purpose of lawful main contract to
which in order that 1t shall be en-
forceable at all, 1t must be incidental
II it exceeds the needs Of that contract
1t is void
The test OF reasonableness was
never applied by the court at COM
mon-law to contracts or combinations
or consplracles in restraint OF trade
whose purpose was or whose neces-
sary effect would be to stihe competl-
tlon. to control prices. or establish
monopules. The courts never as
sumed power to say that such con-
tracts or combinations or conspira-
cIes might be lawful II the parties to
them were only moderate In the use
of the power thus secured and did
not exact from the public too great
and exorbltant prices. 1t 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 1t. Certainly there Is moth
ing in the decisions OF the latest two
cases which should be a dangerous
theory OF judicial discretion In en-
forcing this statue can derive the
slightest sanction
Force and Effectiveness Of Ststute .
Matter Of Growth.
We have been twenty-one years
making this statue effective for the
purposes for which 1t was enacted
The knight case was discouraging
and seemed to remit to the states the
whole available power to attack and
suppress the evils OF the trusts.
Slowly. however. the errors OF that
Judgment was corrected, and only in
the last three or four years has the
heavy hand of the law been laid upon
the great Illegal combinations that
have exercised such an absolute do
minlon over many Of our industries.
Criminal prosecutions have been
brought and a number are pending,
but juries have felt averse to convict
ing for Jail sentences. and judges have
been most reluctant to impose such sen
tences on men Of respectable standing
in society whose ofYense has been
regarded as merely statutory. Stli.
as the offense becomes better under
stood and the committing Of It par
takes more OF studied and deliberate
defiance of the law, we can be conf
dent that juries will convict individ-
uals and that jail sentences will be
ImpbSed.
The Remedy In Equity by Dissolution.
In the Standard OIL case the Su-
preme and circuit courts found the
to be monopoly OF the
interstate business Of refining. trans
porting, and marketing petroleum and
is products. effected and maintained
through thirty-seven different cor
Dorations, the stock OF which was
held by New Jersey company II
n effect commanded the dissolution
)f this combination. directed the
.ransfer and pro-rata distribution by
he New Jersey company OF the
stock held by II in the thirty-seven
to and among its stock.
holders. and the corporations and In
ilvidual defendants were enioined
rom conspIrlng or combining to re-
store such monopoly; and all agree
nents between the subsidiary corpor-
atoms tending to produce or bring
about further violations OF the act
we're enjoined.
In the Tobacco case. the court
'Ound that the individual defendants.
wenty-nne in number, had been en-
yaged in a successful effort to ac-
luire complete dominion over the
sale. and distribution OF
obacco in this country and abroad.
md that this had been done by com
)inatlons made with a purpose and
fleet to stItle competition. control
prices. and establish a monopoly, not
,nly In the manufacture OF tobacco.
nut also of tin.foll and licorice used
n its manufacture and OF its products
# cigars, cigarettes. and snuffs. The