The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1911-05-19
RADlCALSN0T
:::.::.:::iAT ALL PLEASED
'<'- a. - 1870 ~ 4
Oil Trust Decision Only a
Il 1"Slap on the Wrist"
SAL; II IS I COMPROMISE

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General View Among Members Of Con.
oress Is That the Supreme Courts
Opinion Wa So Worded as Not to
Disturb Business Conditions or Gre
ate a Panic-Always Conservative
When Business Is Involved.
Washington, May 17.-Radical trust
hunters in Washington, when asked
for opinions of the Standard Oil de-
cision, refer to the bulletins from the
New York stock market, showing
sharp advances Oh all stocks at the
opening. The trusts have been
slapped on the wrist" slangily cpl
tomizes the comments.
For the most part the lawyers OF
congress have not sufficiently digested
the long decision to render an opinion
upon II. Most of them, however, have
read Judge Harlan's dissenting opin-
ion and they are giving it serious
thought. More than one good constr
tutional lawyer agrees with the COM
ment of Senator Culbertson, that it is
judicial legislation"
The radicals have no program for
further antitrust legislation just now,
for they have almost been taken off
their feet by the doctrine laid down
by the court, that there is a difference
between reasonable and unreasonable
restraint of trade. They are also COIL
fronted by the intimation from Chief
Justice White that literal construction
of the law might render it unconstitu-
tional. To attempt to make it more
drastic might be to work it's undoing.
Even in the presidents cabinet there
at the construction placed upon the
law by the court. Secretary of the
Interior Fisher said that he had not
yet had time to read the decision care
fully, but he made this significant
statement:
II had always supposed that the law
was broad enough to mean that n
restraint or monopoly was a violation
OF it,"
Regarded as Compromise.
The view taken in Washington is
that the supreme court arrived at a
compromise in order not to disturb
business conditions or rea a posi-
bic panic, 1t has left any trust prose-
cutions in the condition where every
tub stands on its own bottom. No
general definition as to reasonable and
unreasonable restraint is given, but
every pending case is a law unto it.
self. Each will have to be decided
upon its own merits, the issue having
become one of fact almost entirely.
1t is well known that the court has
always been conservative when it
came to a situation where the stabil-
ity of business was involved and has
been slow to act in a manner which
would upset it.
In connection with this attitude OF
the court Justice Harlan's dissent is
regarded as somewhat remarkable. He
Is the Oldest member of the court, both
in point of service and in age. He is
regarded as a conservative judge and
has a record of being a very strict
constructionist. Therefore, Harlan's
opinion is being read with unusual
care. The closing sentence of it is
looked upon as almost sensational, for
it says:
1.-THE opinion means that the courts
may by mere judicial construction
amend the Constitution of the United
States and amend the statutory laws"
1t is almost a coincidence that th6T
was introduced in the house a bill 70
accomplish by legislation what the
supreme court has already done in eff
fect-write the word unreasonable"
into the Sherman antitrust law. The
bill was introduced by Representative
Jefferson Levy of New York. @t-;
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