Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-05-16
T,It srN>D\.U on tNst.

I'M decision 'f ih' supreme court
uf tho uitvd states announced y,s-
/ t.rdn, in Nhnt be- rormlnriy known
~ the standard uu case. points ou,
the tr,ud ot publ, opinion of lat"
wars toward ar,nt nggtcsatious ~
capital known s- h' trusts. ind"r
our s,st,m oft gu,,rumcnt iHv j. moth.
ling mor, noi l,.s nan crys,ailizoh
punli, opinion 20 usuaiN has IT.
beginning 900 pouuDu 1sitntior which
results 90 legislation which pass"s
through th. cu,iplc 80 the courts aud
FINALLY. after sisudng the tests wisely
tprovidcd -, IN. constitution. becomes
| IN. settled iaV co. che lana ".
often near ~ said that thu courts hnvc
changed their Views WIN rc!or,ncc to-
certain Things. but " b. not the courts
that chang, %" much a. the laws.
Courts de- not "y az toast should not
make laws. the, merely cnnstruc
those made bS the Legislative depart
m.nt Judges. being human. doubt
less are influenced like other men by
the public discussion of great political
Iuuostions IN ,ho Legislative bodies and
Through IN. press. but after all the
greater changes of judicial expressions
come largely from tho changes IN ia"
laNs which thcS are cailcd ,tpon I"
construo and apply Years m9 the
danger to the pubiic fr"n monopoly
lin articles nf commerce ny great
denominations of capital b"cam" APP
parent. and congress enacted the
sherman antitrust laW tor th" prc.
lNrntiun eft combinations ana cunSpir-
IRcics In restraint 81 trade and inter-
Estate commerce. The original act
was passed and rs kB"Vu a. the Act
the author 81 the act was senator
John sherman az ONO. perhaps the
most abused man of his day hN III"
lmuckrakors of that period who ac-
vuscd him 80 about all the political
lcrmcs IN the catalogue Tn bill MAS
passed hS Republican congress and
,siRnrd 10y Republican president
Under this law every national victory
against the trusts has been won. and
as construed hS the courts It seems
broad enough t. cover every known
form of unlawful combinations aud
icunspiraci.s ~ restraint of trade.
TN. cascs of thu United states
sgainst the Northern securities com
pan, ana that eft Yesterday AGAINST
thu standard oil seem tr D. greatest
and most tar reaching OF All those
prosecuted and won by tho govern
lmrnt m. standard pil company 80
New Jersey and th, many smaller
companies which operated in the dif-
f"rent states under Narinus names.
but 49, mor, hranchor Of the mother
company. AZ. an To- b' dissolved With
M six months. From thr newspaper
reports 81 thu decision u would scrm
that the court dts,riuirates between
reasonable ana unrrnsonabi. re-
s,rain,s "f trade holding the az, ap-
piicabl' only t. IN, latter. >lrrat!
som" at the radical insnrIcnt leaders
are CRYING out against this provision
- dangerous but tho result al tn
litigation viii tell. rather than the
first Impressions of these statesmen
which cannot ice based upon - pro-
found study of IA" opinion, just how
sWooping this decision may be. In
the meantime IL looks 10 the ordinary
reader IKE "a victorS f"t th" p"oll,
against unlawful monopoly tina, tn,
sherman ANTITRUST act rs Whai IL
nam. implirs and that the Republican
party has shawn hy rs enactment int
law that Il is capabi, "f handling tn
question and of Keeping the corpora
tiuns under control by ia, appllca.
ton of laws founded nn fairness to al
concerned