The Forrest City times., 1911-12-08
DEFENDS DECISIONS OF COURT
In Cases of Standard Oil and
 Tobacco Companies.
THINKS AMENDMENTS NEEDED
Believes Present Statutes Coed as Far as They Go but Suggests Supple mental lesisiation-For Fed
 eral Cooperation Law.

Washington. Dec. 5.-President Tafts annual message, which was read In both houses of congress today. deals exclusively with the antitrust statute The full text of the message is as fol. lows:
 To the Senate and House of Repre- sentatiyes: This message is the first of several which l shall send to con- gress during the interval between the opening of it's regular session and it's adJournment for the Christmas hoii- days. The amount of information to be communicated as to the operations of the government, the number of impor- tant subjects calling for comment by the exeeutive. and the transmission 10 congress Of exhaustive reports by spe- cial commissions. make 1t impossible 10 ihciude In one message of reason able length discussion of the topics that ought to be brought to the attep. uon Of the national legislature at it's first regular session.
 
 Court Decisions.
 In May last the Supreme court hand ed down decisions in the suits in equity brought by the United States to enjoin the further maintenance of inc Standard Oil trust and of the Ameri- can Tobacco trust. and to secure thelr dissolution. The decisions are epoch making and serve 10 advise the husi nsss world authoritatively of the scope and operation of the antitrust act Of ls9O. The decisions do not deparf in any substantial way from the previous declsle9s of the court in construing and aFHlyjng this important statute. but they clarify those important deci- sions bg further defining the already admitted exceptions to the literal con struction of the act By the decrees. they furnish useful precedent as to the proper method of dealing with the capital and property Of Illegal trusts. These decisions suggest the need and wisdom of additional or supplemental legislation to make II easier for the entire business community 10 souare with the rule of action and legality thus finally established and 10 preserve tho benefit. freedom and spur Of req sonable competition without loss of real efficiency or progress.
 No Change In the Rule of Decision
 Merely in Its Form of Expression.
 The statute in its first section de. clares to be Illegal every contract combination in the form of trust or otherwise. or conspiracy. in restraint of trade or commerce among the sey- eral states or with foreign nations " and in the second. declares guilty of a misdemeanor every person who shall nonopolize or attempt to monopoiize CT combine or conspire with any other person to monopolize any part of the trade or commerce of the several states or with foreign nations.
 In two early cases. where the statute was invoked 10 en1oin a transportation agreement between interstate railroad companies, il was held that il was no defense 10 show that the agreement as to rates complained of was reasonal at common law. because it vas said that the statute was directed against all contracts and combinations in re- straint of trade whether reasoral at e"ih-lon law or not j. was plain from the record, however. Gs- the contracts eofa plained of in those cases would Eot have been deemed reasonable at common law. In subsequent cases the court said that the statute should ba given reasonal construction and re fused to include within its inhibition ceetain contractual restraints Of trade which it dominated as incidental or as f-direet
 These cases Of restraint of trade that the court excepted from the oneratjon of the statute were instances which. at common law. would have been called reascnable. In the Standard Oil and Tobacco cases. therefore. the court nerely adopted the tests of the com. mon law. and in defining exceptions 10 the literal application of the statute only substituted for the test of bcinr incidental or indirect. that of being reasonable and this. without varying in the slightest the actual scope and effect of the statute In other words all the cases under the statute which have TOW been decided wCrld raya been decided the same way fl the carr, had originally accepted in its consume. ton the rule at common law
 II has heen said that the court. =aY Introducing into the construction .s