The herald-advance. (Milbank, S.D.) 1890-1922, 1911-05-19
U. S. SUPREME COURT DECIDES
AGAINST THE FAMOUS
TRUST.
VIOLATES SHERMAN LAW
Restraints Trade and Commerce, Uses
Unfair Methods and Is Generally
a Menace to the Public
Welfare.

Washington, D. C.-The standard
Oil company of New Jersey and it's
19 subsidiary companies were declar-
ed by the supreme our of the United
States to be a conspiracy and combi-
nation in restraint of trade. They
also were held to be monopolizing
Interstate commerce in violation of
the Sherman antitrust law. The dis
solution of the combination was or
dered to take place within six months.
Thus ended the tremendous strug-
gle on the part of the government to
put down by authority of law a COM
bination which it asserted was a men
ace.
At TIT same time the court inter-
preted the Sherman antitrust law so
as to limit it's application to acts of
undue restraint of trade and not
every" restraint of trade. 1t was on
this point that the only discordant
note was heard in the court.
By far the greater portion of the
opinion of the chief justice was de-
voted to the justification of the court
In requiring that the rule of rea-
son. be applied to restraints of trade
before they were held to be violations
of the Sherman antitrust law. The
court found this justification in the
common law of the forefathers and
in the general law Of the country at
the time the Sherman antitrust law
was passed. This meaning of the
words, according to the court, called
for exercise of reasoning in determin.
ing what restraint on trade we're pro-
hibited.
Chief Justice Reviews Proceedings.
Chief Justice White in his opinion
first reviewed the preliminary pro-
%ceedings in the case in the circuit
court of the United States for the
Eastern district of Missouri. He re-
stated the essential points in the bill
of the government asking for the dis
solution of the Standard Oil and the
answer questioning the jurisdiction of
the court and denying the claims of
he government.
He then came to the arguments as
to the law and the facts in the case,
saying that out of the "jungles" of
law and facts both sides were engaged
only in one thing and that was that
the determination of the controversy
rested upon the proper construction
and application of the first and second
sections of the antitrust acts. The
views of the two sides, as to the law,
he chief justice said, were as wide
apart as the poles. The same he said,
was true as to the facts.
Labor Leaders Win Case.
Setting aside the sentences of impri-
sonment imposed by the supreme court
IF the District of Columbia, for alleged
1~isobediance to a boycott injunction,
the supreme court of the United States
held that Samuel Gompers, John
Mitchell and Frank Morrison, presi-
Dent, vice-president and secretary re-
spectively of the American Fedora
ton OF Labor, had been enormously
sentenced to Jail IN a charge of con-
tempt of a local court.
The court unanimously held that
the only sentence that could be i'm
posed upon the labor leaders were
fines. In SO holding the supreme court
81 the United States found that the
court of appeals of the District Of
Columbia and the supreme court of
the district erred in treating the con-
tempt proceedings as a criminal case
and not a civil one. The effect Of
holding the proceedings a civil one
was to make Jail sentences impos-
sible. Hence the Jail sentences hac
to be set aside.
Inasmuch as all of the difference
between the labor men and the Bucks
Stove and Range company have been
adjudicated including the boycott"
case out Of which the contempt pro-
ceedings arose. the decision is prob
ably the last to be heard of this ia
nous action.
Rebels Take Border Town.