Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-07-07
W|CKERSHAM Tells Of
HIS Campaign. AGAINST
M0NOP0L|ES Of COUNTRY

BATTLE CREEK, Mich, July -
Attorney General Wickersham? spoke
before the Michigan State Bar asso-
citation yesterday and discussed the su.
preme courts recent Interpretation OF
the Sherman antitrust law In the
Standard OIL and Tobacco cases. he
gave his unqualified endorsement to
the courts application of the So
called rule of reason"
"Those who have thoughtiessly
yielded to the superficial conclusion
resulting from the application by the
chief pustice Of the rule of reason to
the interpretation~ of the Sherman
law" he said, "can find little to JUS
tifv the idea that the Sherman law
has been made ineffective by those
two decisions, for precisely the con-
trary is established by these two great
judgments.
"The most cursory examination OF
the decree in the tobacco case-the
most casual consideration of the dras.
tic and far-reaching remedy imposed
makes it perfectly apparent that the
Sherman law, perhaps for the first
time. has been demonstrated to be an
actual, effective weapon to the accom-
plishment of the purpose for which 1t
was primarily enacted, namely, the
destruction of the great combinations
familiarly known as trusts"
"Size alone does not constitute mo-
nopoly. The attainment of a doml-
nant position in business acquired
by the result of honest enterprise ana
normal methods of business develop
ment is not violation of the law.
But unfair methods of trade, by de-
stroying and excludisg competitors by
means of intercorporate stock hold
ings, or by means of agreements be-
tween actual or potential competitors,
whereby the control of commerce
along the states or with foreign coun-
tries in any particular line of industry
is secured or threatened, expose those
who are concerned in such efforts to
the penalties prescribed in he second
section of the act, because they are
engaged in monopOlizing or attempt.
ing to monopolize such commerce.
1T is also now settled that no form:
OF corporate organization. merger or
consolidation, no species of transfer
of title, whether by sale, conveyance
or mortgage; and no lapse of time from
the date of the original contract, con-
spiracy or combination can bar fed
eral court of equity from terminating
an unlawful restraint, or compelling
the disintegration Of a monopolistic
combination"
Mr.. Wickersham quoted from Gov
ernor Woodrow Wilson's work, 1.-THE
State,' the following:
"It is one of the distinguishing
characteristics of the English race,
whose political habit has been trans
mitted to us through the sagacious
generation by whom this government
was erected, that they have never felt
themselves bound by the logic OF
laws, but only by practical under
standing of them based upon slow pre- !
cedent. Fer this race the law under |
which they live is at any particular |
time what it is then understood to be, !
and this understanding of it is COM
pounded of the circumstance of the |
time. Absolute theories of legal con-
sequence they have never cared to fol-
low out to their conclusions. Their |
laws have always been used as parts |
of the practical running machinery OF
their politics, parts to be fitted from
time to time by Interpretation to exist
ing opinion and social conditions.
IF this law" the attorney general
said in conclusion, "is designed to
protect the people of t. is country from
the evils of monopoly and to preserve
the liberty of the individual to trade
freely, it shall now be clearly under
stood; if it's true purpose shall be
recognized and it's beneficient conse-
quences realized, the twenty years OF
slowly developed Interpretation and
widening precedent will not have been
without great value. For the law will
be used, to employ DR.. Will
sons language, as a part of the run
ming machinery of our political sys-
tenn adapted to the needs of our social
condition"
1v0V0Y~~~N