Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-05-10
A REMARKABLE SITUATION.
Delay of Decisions on the Trusts
Cases Shows a Peculiar Appreeia-
ton of Laws.

The passing of still another Monday
without decision from the Supreme
Court in the Standard Oil and Tobac-
co Trust cases must signify that there
is a wide diversity of opinion in the
consultation room of that great tribu-
nal as TO those momentous issues. It
is entirely possible, of course. that
more than two opinions are held;
though if there We're only two held in
the ratio of five TO four. the Court
would probobly try long time to- find
common ground rather than decide
cases of such consequence by bare
majority vote If this conjecture as to
the significance OF the delay is correct.
then it augurs that the decision. when
ever il shall come. will be in the ma
ture of a compromise as between the
contention of the Government and The
Contention Of the two giant corpora
tins which 1t has hailed into court. II !
suggests that at least the oeeision will
not be so iconoclastic as Wall street
interests have feared that it wotiid he,
and one OF speculative turn might op-
crate. without much hazard. on tile
assumption that the decision mas al
ready been over-disceunted in the
stock market.
This case has been pending in the
Supreme Court nearly two years now,
ard it involves the Interpretation of
law that is nearly 20 years old A
stranger knowing only these two facts
would marvel that after 20 years W.,
remained in Ignorance as to the pre-
else meaning of law which is liter
ally OF vital importance to huge indus
trial ANU financial interests. He would
think that either We do no. have mich
serious regard for our laws or that
uncertainty has no terrors for our
great Industrial captains Since they
can work at perfect ease under veri-
table swordsaf Damocles. His amaze
ment would not be unreasonable. II is
remarkable condition OF affairs.
which would probably not be tolerated
by any other people in the world. One
IN explaining II would go far afieid
and ramble much He would proha-
Die conclude, for one thing. that Con-
gress did not know exactly what il
was doing when IL enacted this law
ana that. unwittingly. in its efforts to
prevent conspiracies in restraint OF
trade. 1t forbade the operation OF re-
slStless natural laws. He would con
Guide. for. another thing, that having
discovered the destructive but blind
potency of this law. we had resolved
by kind of common consent to allow
IL to sleep unless the provocation to
awaken 1T should ne made by intoler-
able conditions. He would probably
find. as another reason why after 20
years we do not know exactly what
th;s law means, that the forms of vio-
Ruon are infinite, or at least limited.
If at all, by the ingenuity of lawyers
IN devlslng methods to disregard the
spirit OF II while giving an ostenta-
tlous regard to the letter of it, so that
the decision in no case can be an ex
act precedent for another.
But whatever the explanation. it Is
a curious commentary on our methods
thaf we should SO long and so compla-
Gently endure uncertainty in matter
that aHectss in such a vital way the
financial, Industrial and social life Of
ire country, and, in a degree, disttvbs
the equanimity of some financial capi-
tals OIL Europe. Perhaps there is no
complete remedy for it, but probably
such situation could be mitigated con
considerably If the question of laws
constitutionality could be authorize
tvely and finally determined before
rather than after its enactment-DaI-
las News