Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-09-19
Challenges ARE
HURLED By TAFT
DENIES Inl USED PATRONAGE TO
BOLSTER HIN Up,
NO ANTITRUST AMENDMENT
H. Strongly Opposed 10 li--Cali7 Oh
Bryan and Critics 10 Cite Cas's
Uncondpmnablc.

Detroit, MiCh,, Sept Ia i''"'"'"'
Taft today plunged into the pol'tlchl
phrase Of his long trip through the
West and the speeches which may
have "A great bearing on his futHre'
In a speech he answered TIE charge
that he has used patronage to iur-
ther his own ends, and boldly chaI-
lengod those who had made the
charge to come forward and join him
I'm an extension of the civil service TO
practically oil Of tho nppointiyo Of
flces under the government. MI
Tafts free use Of the words, II chal-
longe," gave certain ring to his ut-
terancos which seemed to delight mn
hearers. u
The President announced his uh-
qualified opposition to any amend
ment to the sherman antitrust law
designed to overthrow the rule Oh
reason" laid down by the United
States Supreme Court In the STANDARD
on and Tobacco Trust cases ana
challenged William j. Bryan and all
other critics of the country to cite IL
restraint Of trade which they would
condemn, and which would not be
condemned, under Mr.. Justio Whites
definition Of the law.
He told his hearers the Depart
mcnt of Justice at Washington Is con-
ductlng an investigation Of all cor
porations violating the antitrust law
The President entered Into the de-
tense of the Supreme Court with more
than his usual vigor, and his speech,
although read from manuscript ana
devoid of oratorical efforts, was ire
auently interrupted with applause.
The trust speech came near the close
Of nine busy hours spent by the Pres
ldent I'm and about Detroit Where
ever he went today-in Detroit prop
er, at Pontiac and at the State Fair
grounds-Mr. Taft was compelled 10
make his way through dense crowds
He was In a happy mood when he LETT
for Saginaw where a half-hour stop
was made for Bay City, where he
spent the remainder of the evening
and dedicated new armory.
MIR. Taft will spend four days In
Michigan, swinging tomorrow up TO
Sault Sto Marie. He arrived here In
a downpour of rain, but when he
started for Pontiac the sun had come
out. There were crowds at the sta
ton as early as o'clock, and neither
tho rain nor the police, who drew
dead line half block away, seemed
to dampen their enthusiasm. In
Pontiac the President was greeted by
n big throng, but is was at the open
ing Of the state fair later in the fore
noon that he faced the largest audi
enoe, He spoke of the value Of sell
ontrlo farming After luncheon came
an automobile parade and a brief
visit by the officers Of the revenue
station.
In the course Of his speech today,
Mr.. Taft said;
"Now. l would like to ask Mr..
Bryan or any Of the other publicists
and jurists who have been denouncing
this opinion as the surrender of the
rights of the people and usurpation
Of judicial power to tell the public
what particular contract or restraint
Of inter state trade he would con-
denim which would not be condemned
within this definition Of the court.
The difficulty with the literal con-
struction of the statute Is that II
would denounce a great many minor
or incidental restraints Of trade, which
made the statute ridiculous and weak
ened It's effect and lent support to
the criticism and contemptuous treat
ment Of the statute by those who were
opposed to its passage and enforce
ment.
1T is said that the Supreme Court
has read something into the statute
that was not there before; that 1t has
inserted the word reasonable" be-
fore restraints of trade, when the
same court had said that this could
not be properly done, because Con-
gress had evidently not intended TO
included such limiting word in the
statute This is not fair to the court
1t is true that the court. In the early
days of the construction of the stat
ute, had said that II could not limit
the statute in effect by excluding
from its operation what was deemed
reasonable at common law. But as
others cases arose 1t found II neces-
asry to make exceptions to the literal
operation of the words restraint of
trade" and It did so by excepting
what was minor, or incidental, or In
direct, and including only those cases
where the chief object OF the con-
tract or combination was the restraint.
In doing so the court said that II
must give the statute a reasonable
construction and not one leading to
absurd or ridiculous results. In the
last two cases the court did not
change the substance of the reason
ing and scope Of the previous de-
cisions. but only treated the exceptions
previously termend Incidental and In |
direct" as excluded from the opera |
tlon of the statute in the light of rea-
son. 1. e., in conformity to the evil |
sought to be reached. Now. in what
way has this injured the public veal?
What combinations or arrangements
can escape under this Interpretation /
that any sensible man would wish 10 /
have condemned? Did the court not
condemn the Standard Oil Co. the