Bisbee daily review., 1911-06-01
Taft Win Be LenIent.

WASHINGTON. May 31-That the government means to formulate It's anti trust policies in accordance with the rule of reason" as aid down hy the supreme court in tho Standard oil and Tobacco trust decisions, not withstanding the. vigorous Gisserts of Associate Justice Harlan and the many bills introduced in the senate to amend the sherman anti trust law, was made evident today.
 Administration officials after a days consideration and study of 'he Tobacco decision and after a thor ough comparison with he Standard oil decision were agreed that the rule of reason" is no new feature of the supreme courts interpretation of the law and one member of the cabinet whose views have always been regarded as reflecting those of the president, made a comprehensive 1 statement to that effect.
 The statement was attributed to ''an official close to the administra- tion." It follows in part:
 Harlan Criticised.
 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 at ' tentiCn was called by the chief jus | tice in his opinion in the Standard ! Oil case, and again in the Tobacco l case. Justice Harlan says to insert | by construction the word 'unreason- | able or unjust in the sherman act | Fg E-,IFrfaT 1acrfuTaNfOs1 sfNnw no | says, has in language so clsar and | simple that there is no room what | ever for construction. siEnife1 it's | purpose to forbid every restraint of | trade in whatever form, to whatever \ extent, whereas the court under the ' chief iustice's opinion, inse~te 0
 law words which make congress say .i that it means only to prohibit undue II restraint of trade.
 Harlsn's Contradiction. I This he objects to as amounting to
 reading into the act by judicial leg
 islation Of an exception not placed
 there by the law making branch of
 the government and this, he con | tends, the court cannot and ought not to do SO. Put Justice Harlan has not always regarde1 the judicial function
 as excluding the right to internret statutes in fhe light of reason and to
 refuse a literal application to the
 words of the act where they involve
 a manifest wrong.
 Cities an Instance. 'Tn the case of the church of Holy Trinity against the United States the court had under consideration the act of conqress known as the alien immigration act, rassed Feb. 26 1865. The whole of this opinion cor. stitutes. in effect. an argument that a liberal construction should he giv en to the staute, but a reasonable in terrretation. rot to the rule of the letter which kills
 This was nothing more or loss than anrlving to the construction ana application Of the statute the
 rule of construction invoked by the justice in the Standard oil case namely. that of evarnining the case hy the lieht Of reason lest the literal construction end aurlication cause a
 restraint of all trade and commerce which # '~ the purpose of the statute
 to prevent"
 The supreme court mandate in the
 StandarH Oi case rrobabIv will he
 issued at the request of the denart'
 rent of iustice soon after the court
 clerks office is oDened tomorrow
 The six months given to the Standard ? 0il fO dissoIve will begin with the
 issuance of the mandate.
 R"r-s Warts to Know
 A resolution calling upon the at
 torney general to inform the house whefh~r he has undertaken criminal prosecution Of the American Tobac'
 co company and it's officers was in.
 trod-s-ed yesterday hv Representa- tive Burns of Tennessee. If such