The Detroit times., 1911-05-20
PRoGRESSIvES FIND WAY TO
CURB SUPREME COURT
Continued from page L.

In congress that the second OF the
two proposed measures would prevent
decisions like the Standard Oil de-
cision, in which the supreme court
usurps the legislative power and
reads words into the statute. Such
an act, however. would place whole
some check upon the supreme court
and would head off any attempt by
the supreme court to nullify the
Sherman antitrust law when the law
had been again vitalized by con-
gressional declaration eliminating
the word reasonable"
Another proposition which Is un-
der consideration by progressive SEN
aters and representatives Is the
drafting OF an entirely new and iron
clad law for the regulation of trusts
similar to the British Companies
Acts Such a law would provide
in great detail control over great cor
porations and would be framed TO
protect the rights OF the minority
stockholders and to give such stock
holders power TO protect themselves.
Such legislation Is drawn on an en-
tirely different theory from the
publicity" theory. Instead of al,
tempting to force publicity by gov
eminent inspection or otherwise into
corporate affairs, the law permits the
minority stakeholder TO accomplish
the same purpose by protecting his
own interests and preventing the
abuse OF great corporate power, as is
possible under our present laws.
Unlimited discretion is given TO the
executive and judicial branches of the
government by the supreme courts
addition TO the law of that little word
reasonable" IL Is the same word
that Senator Mark Hanna tried Is
years ago to add by an amendment
introduced in the senate. IL Is the
word for which violators OF the law
have pleaded In the courts for Is
years. IL 10 the one word necessary
to devitaliZe the act and render IL an
empty prohibition to be set aside by
political courts and prosecuting Of
| fcials.
The Standard Oil ruling by the SUI
premee court Is the greatest single tri-
| umph which special privilege has Sc
cured over the public welfare.
chief Justice White, who read the
Standard Oil decision, has participat-
trust law In IA OF these he has been
opposed to the position voiced by JUS
tice Harlan and has been on the side
of the defendant trusts. Now come
the new justices, Hughes, Lamar,
Vandevanter and Lurton, succeeding
Peckham, Brewer, Fuller and Moody,
and by their votes convert Whites
pro-trust minority into the majority
Eopinion Of the court.
With this pro-trust majority OF
judges on the supreme court, that
body not only reyerses the Sherman
antitrust decisions OF 10 years, but Il
has gone to the unbelievable length Of
actually amending the act by judicial
proclamation - doing what lower
courts and the previous majority Of
the supreme court dared not do, and
which congress-even the senate-re-
fused for 20 years to do.
Now that the court has amended
and practically repealed the Sherman
antitrust act, the administration an
nounces that no message will be sent
to congress this year on the subject.
The law as proclaimed by Justice
White, Is pronounced to be eminently
satisfactory by both President Taft
and Atty.-Gen. Wickersham.
The progressives of both parties in
congress feel very differently about
the matter Whatever they may think
about the wisdom OF the Sherman law
or its effectiveness as a regulator OF
trusts. they are united in the belief
that the supreme court has over-step-
ped all boundaries in it's unconstitu-
tional assumption of legislative au-
thority.
LONDON, May 20.-The supreme
court decision regarding the Standard
OIL Co. was not only expected by j.
Pierpont Morgan but was entirely sat.
isfactory to him. Morgan, who is now
stopping at his Princes Gate mansion
broke his usual rule against inter.
views by permitting correspondents to
go this far in quoting him. The re-
| cent tone Of the American market" he
said, shows that the decision is cor.
| rect"
NEW YORK-The class OF '43, of
New York university. held its sixty
| ninth rouninn 10 pfuhf two ~ a