The Washington times., 1911-05-16

build itself up at the expense Of COM
petitors. He portrayed these steps as
Illuminating the purposes of John ID.
Rockefeller and his associates. He held
that what had been done by the COM
pany pointed irresistibly to the conclu-
sion that II was the purpose 10 monopo-
lie the petroleum industry.
His Interpretation.
Chief Justice Whites effort clearly
was to interpret the meaning of the
Sherman law in the light of the common
law. He laid much emphasis on the fact
that neither in the common law. nor
later. was there prohibition OF monopoly
in itself. What the law sought to pro-
hibit was the wrongful acts done in pur-
suance of the attempts to monopolize
and TO restrain trade. 1t was not pro-
hibitlon against monopoly pure and
simple.
The whole tenor of the decision was
such as TO make II plain that the court
was trying to find a way to serve notice
on the business world that II was not
purposed to interfere with great aggre-
cations of capital in and of themselves.
provided they were not in restraint of
trade were not attempts to monopolize
Of a sort harmful to the public and
harmful to competition. Chief Justice
White emphasized that what the law
sought was the freedom OF business. not
its enslavement.
On the. other hand. Justice Harlan,
though holding the Standard Oil monop-
oily should be crushed. arrived at his
clusion by a process of reasoning that
was widely different from that of Chief
Justice Whites.
Harlan's Views.
Justice Harlan declared that Congress
in the enactment of the Sherman law
declared every contract in restraint Of
trade illegal. He emphasized the fact
that in the ns-Missouri cases In 1896
the court had not attempted to draw
sonable contracts or combinations in re-
straint of trade. He held there were
many things to alarm the country in
connection with the majority opinion in
the Standard Oil case.
The venerable justice sounded the
alarm against the danger of legislation
by judicial construction, against allow
ing the courts to amend the Constitu-
ton. He strenuously objected to the
court changing the attitude which 1t
has adhered to in the past.
, The faft remains" said he, that UP
until thiS day Congress has been satis-
fled with the law as written in this
| respect, and today the law stands thst
sy, every contract in restraint Of trade is
II the law is to be amended. Justice
Harlan insisted. Congress is the only
| power that can do 1t.
Impressive Scene.
The opinion of the majority Of the
| court was delivered by Chief Justice
White in impressive fashion. He began
| reading II at O'Clock yesterday after
noon, after all other opinions were out
| of the way. He read the opinion in the
,, presence of a crowded court room. and
, in the midst of a suspense Of excitement
that was dramatic. At times the voice
of the Chief Justice sank to a whisper.
| Every ear was strained to catch his
| words. Senators and House members
| hurried to the court room when they
| learned the decision was being handed
| down.
But impressive as was the opinion de-
/ livered by Chief Justice White, 1t was
| not as forceful or impressive as was
| the opinion by Justice Harlan. The aged
| jurist was aroused to the utmost. Ordi-
nartly. his opinions are delivered IN q
| low monotone. In this case he reused
| up and with face flushed and with feel
| ing showing in every lineament of his
| countenance. denounced the attempt to
| amend the law of Congress by judicial
opinion, and put into the law something
Congress never intended.
THE noblest Roman of them alp' was
the comment of one spectator who sat
in the court room and listened to the
reading of Justice Harlan's opinion.