The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-07-07
THINKS RULE
Of REASON IS
WISE AND JUST
Attorney General Wicker
sham Gives Unqualified
Endorsement to Re
cent Decision.
SAYS SHERMAN LAW
is NOW EFFECTIVE
Cabinet Officer Discusses
Standard Oil and Tobacco
Decisions Before Michi-
gan Bar Association.
SAYS SHERMAN LAW
is NOW EFFECTIVE

@ ATTLE CREEK Mich. July g.
Attorney General Wickersham
ID spoke before the Michigan STATE
- Bar association here today and
discussed the supreme courts re-
cent Interpretation OF the Sherman anti
trust law in the Standard Oil and Tobac~
CO cases. He gave his unqualified in
dorscment to the courts application OF
the so-called rule of reason"
Those who have thougli;lessly yielded
20 the superficial conclusion resulting
from the application by the chief Justice
OF the rule of reason 10 the interpreta-
ton OF the Sherman law" he said, "can
lind but little 10 justify the idea that
the Sherman law has been made incf-
fcctive by those two decisions. for pre-
cisely ;he contrary is established by
these two great judgments.
The most cursory examination OF the
decree in the Tobacco case-thc mos.
casual consideration OF the drastic and
far-reaching remedy imposed-makes ic
perfectly apparent that the Sherman law.
perhaps for the nrst time. has been dem
onstratcd TO be an actual. effective Weap
on To the accomplishment OF the purpose
for which IL was primarily enacted
namely The destruction OF the great. COM
bIldtVlNS AdlIlll!dTlN Known dS lTuSNS
The area OF uncertainty in the law has
oeen greatly narrowed and Its scope and
effect have been pretty clearly defined
The school of literal Interpretation has
lccn reyudiated and the application OF
rule of reasonable construction declared.
There always will be a field OF uncer
tainty In so far az an Investigation OF
facts Is Tcquired-particularly WHEN In
tent becomes 4 necessary consideration.
but this much surely may now be sai5
TO he beyond controversy.
.,o
and sale, OF partnership. or OF corpora
lions. do not violate the first section. Of
the Sherman act, even though incident
ally and To n limited degree they NAV
operate 10 restrain competition In inter
state or foreign commerce between thz
parties To Suc1 agreements.
Restraint of Trade.
But any contract combination or as.
ISOLATION the direct object and effect OF
which Is TO control prices, restrict out
put. divide territory, refrain from com
petition or exclude or prevent others
enterprise. imposes an undue restraint
upon trade and commerce and is in vio-
lation OF the FIRST section OF the act.
This principle applies 10 all associa-
lions of competitors of the character usu-
ally known as pools; 10 agreement with
so-cGlled wholesale or retail agents
even though made according to some
cret process or formula. seeks TO con-
troll the price ut which It may he sold
BY purchasers directly or Indirectly from
nc manufacturer II also applies to at
tempta to control competition between
Independent concerns by means OF a
common stockholdng trust. whether in
divdual or corporate holder.
size alone does not constitute mo-
nopoy. The attainment OF a dominant
position in a business acquired by the
result OF honest enterprise and normal
methods of business development, is not
violation OF the law. But unfair
methods of trade. by destroying and e1-
Guiding competitors by means OF intercor-
porate stockholdings. or by means OF
agreements between actual or potential
commerce among the states or with for
eign countries In any particular case or
industry is secured or threatened. ex-
pose those who are concerned In such
second section OF the act. because they
are engaged In monopolizing or attempt
ing 20 rnonopolize such commerce.
Remedy at Hand.
al, also is now settled that no form
consolidation. no species of transfer Of
utle, whether BY sale, conveyance or
mortgage; and no lapse of time from
the date OF the original contract. con
eral court OF equity from terminating
unlawful restraint, compelling the dis
Indignation OF monopoistic combine
ton
''If this law" declared the attorney
general in conclusion, designed to pro-
tect the people OF this country from the
evils OF monopoly and 10 preserve the
liberty of the lndiv idual 10 trade freely
shall now he clearly understood. If It's
true purpose shall be recognized and It's
1enchcent consequences realized. the
twenty years OF slow development. inter-
pre.ation and Widening precedent will
NOT have been without great value