Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-06-03
Rule of Reason Meets
Favor of Administration.
STATEMENT IS ISSUED
Cabinet Member Close to the Presi-
dent Attacks the Dissent of Jus.
tice Harlan and Cites Other
Decisions.

standing the large number of bills in
troduced in congress to amend the
| Sherman antitrust law, President
| Taft means to formulate the govern
ments antitrust policy in accord with
the rule of reason" as laid down by
the United States supreme court in
| the Standard Oil and tobacco trust
| cases.
Administration officials, after
| study of the tobacco decision and a
| thorough comparison with the Stand
ard Oil decision, were agreed that 1.-The
rule of reason" is no new feature of
the supreme courts Interpretation of
law, and one member of the cabinet,
whose views have always been regard
ed as rejecting those of the admins
| tration, made a comprehensive state
ment to that effect
View of Administration.
The statement was attributed to
| IAN official close to the administra-
| ton" 1t follows in part:
Justice Harlan in his dissenting
opinion in the tobacco case objects
construction of the act of congress of
the rule of reason" to which atten-
ton was called by the chief justice in
his opinion in the Standard Oil case
and again in the tobacco case.
Justice Harlan declares that to In
sert by construction the word 'unrea-
sonable' or undue in the Sherman act
is judicial legislation. Congress, he
says, has in language SO clear and
simple that there is no room what
ever for construction, signified it's pur-
pose to forbid every restraint of trade
in whatever form, to whatever extent,
whereas the court, under the chief
Justices opinion, inserts the law words
which make congress say that it
means only to prohibit undue re-
straint of trade. This he objects to
as amounting to reading into the act
by judicial legislation of an excep-
tion not placed there by the law-mak
ing branch of the government, and
this, he contends, the court cannot
and ought not to do.
But Justice Harlan has not always
regarded the judicial function as ex-
GLIDING the right to interpret statutes
In the light of reason and to refuse a
literal application to the words of the
act where that would involve mani
fest wrong. In the case of Church Of
the Holy Trinity against United States
the court had under consideration the
act of congress known as the alien
immigration act, passed Feb 26. 1885.
THE Church of the Holy Trinity In
New York had made a contract with
Rev. E. Walpole Warren. an alien re-
siding in England. to remove to New
York and enter into Its service as its
rector and pastor for a compensation
to be paid to him, and because Of that
contract an action was brought against
the church by the United States to re-
cover the penalty prescribed for vio-
lation of this act. Justice Brewer wrote
the opinion of the court, In which all
the other justices. including Justice
Harlan, concurred. He promised by
conceding:
"'That the act of the corporation is
within the letter of this section, for the
relation of rector to his church is one
of service and implies labor on the
one side, with compensation ON the
other
He further noted that certain spe-
cific exceptions made In the act in
which clergymen were not included,
strengthened the idea that every 9th
er kind of labor and service was in
tended to be reached by the statute
Yet Notwithstanding all of that II was
said that the court could not think
that congress intended to denounce
with penalties transaction like the
employment of Christian minister.
THE decision Ia the case of the
Church of TIE Holy Trinity clearly de-
monstrates that no new principle is
introduced by the rule of construction
| adopted by the court in both the
Standard Oil and the tobacco cases.
but that the same rule was applied
there which has often been applied be-
fore of rea ling general words in q
| statute by the light OF the reason for
the enactment of the statute, the his
| tory of the evil which gave rise to the
legislation and the purpose for which
| further duty to give to the words of a
statute. If possible. an Interpretation
which. while accomplishing the result
which the statute was enacted to bring
about. will avoid the untoward conse-
quences which would necessarily fol.
low narrow and literal interpretac
| ton OF its meaning"
resolution calling upon the attor-
| ney general &c inform the house
whether he has undertaken criminal
prosecution of the American Tobacco
company and its officers was introduc-
ed by Representative Byrns. of Ten
nessee. If such prosecution has not
been instituted. the attorney general
Is requested to explain his reasons.
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