The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-05-31

I Washing ton. May 3o.-That the gov
eminent means TO formulate IT'S anti
trust policies in accord with the rule
OF reason" as laid down by the So
preme Court in the Standard OH ami
Tobacco Trust decisions. notwithstand-
Ing the vigorous dissents or Associat /,
Justice Harlan. and the large number
OF bills introduced In the Senate TO
amend the Sherman antitrust law
was made evident to-day F
Administration officials, after day 6
consideration, and q days study of
the decision. and a thorough compari-
son with the Standard OIL decision
were agreed that the rule OF reason.
Is the new fenture OF the Supreme
Courts Interpretation OF the law, and
one member of the Cabinet. whose
Views have always been regarded as
rejecting those of the administra-
ton. made a comparative statement 70
that effect. l7
a resolution calling upon the At
torney- General to inform the House
whether he has undertaken criminal
prosecution of the American Tobacco
Company and Its officers was intro
duced to-day by Representative Byrns.
OF tennessee. II such prosecution has
not been Instituted, the Attorney-C;en-
eral is requested to explain his rea-
sons.
In the opinion OF friends of the
administration. the tobacco decision
indicates that there will be no at
tempt made for the present to amend
the Sherman antitrust law or TO
press for the enactment of other trust
legislation. The next movement for
further antitrust legislation nroba biz.
will be made. IL at all, at the regular
session OF Congress next December.
+ Close to Administration.
The statement above referred to was
attributed to ian official close TO the
administration" 1t follows In part:
Justice Harlan. In his dissenting
opinion in the tobacco case. objects
Vigorously to the application In the
construction of the act of Congress
of the rule OF reason to which al
tention was called by the Chief Jus
tice. In his opinion in the standard
OIL case and again in the tobacco
case.
Justice Harlan declares that 10 in
sert by construction the word unrea-
sonable' or undue in the Sherman act
Is judicial legislation. Congress. ne
says mas IN language so clear and
simple that there Is no room what
ever for construction. sfgnihed its pir-
pose to forbid every restraint of trade
In whatever form to whatever extent.
whei cas- the court. under the Chief
Justices opinion, inserts in the law
words which make Congress say tina
II nleans only to prohibit undue, re-
traint Of trade. This he objects to
as amounting to a reading into the
act BY judicial legislation. of an ex-
ception not placed there by the law
making branch Of the government,
and this, he contends. the court can
not, and ought not to do.
But Justice Harlan has not always
regarded the judicial function as eX-
Guiding the right to interpret statutes
Z In the light of reason. and to refuse
literal application to the words OF
the act where that would involve a
manifest wrong. In the case of Church
Of the Holy Trinity against the United
States the court had under consldera-
tion the act Of Congress known as
tho Alien Immigratio Act, passed
February &c. 1885. n
The Church of the Holy Trinity IN
s New York had made contract with
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