New-York tribune., 1911-04-04
LIQUOR, STATE Matter
United States Supreme Court
Against National Control.
BLOW TO PATENT MEDICINES
Justice Hughes Decides Manu-
facturer of Them Has No
Right TO Monopoly.

Washington. April THE burden ~ state
hood was brought home 10 Oklahoma to-
day. when tho supreme Court 81 the United
states IN substance told tho state that II
was 10 look hereafter ~ its own Law for
the regulation of tic LIQUOR traffic and
freight rates. and not 70 the federal gov
errment.
The state about voar ago filed ar origi-
na' petitio7 in the Supreme Court asking
to enioin the railroads entering the old
J dian Territory from carving liquor INTO
t,st section Of the state The request was
iased on TIE requirement that tho state
of Oklahoma provide i'm sc constitution
Tat liquor shorld not he sold there. The
Supreme. court said to-day tina; The state
81 otld 60 into the state courts 10 enioin
the railroads under the state law ! = do-
sired.
I The court also declined 90 restrain the
Atchiscn. Topeka e Santa Fe E9r"ay
Ccmpanv r. n charging on tho Southern
Kansas Railway Compeny's lirr higher
rate on the transportation of lime. cement
plaster brick. stone and crude and reiined
oil. because congress. before tho admission
of oklahoma into the Union, had provided
tlat the rato on this lirc should not Te
rreater than tha; charged r. Kansas Bur
the court held that tho regulation ~ mira =
state freight rates was now . matter en-
tirolv for oklahoma to consider
\ similar decision was reached in I've
suit brought hv tho state in the state
courts 10 enjoin the Chicago. Rock Island
& Pacifc Railway COMPANY from charging
, in Oklahoma higher rate for transportation
Of whea- than was charged in Kansas.
+ The court likewise refused TO enicin the
fedora ;udees IN Oklahoma f-om enforcing
certain docrc-e they had !ssuef IN liquor
/ case involving a conflict Of authority be-
tween the federel and state couris The
court held tnat in view o. its right 20 r"-
view the cases on wits OF certiorari. IL
would not cnjoin the judges.
Against MoropoIy in Medicines.
The attempt 10 put "a nan on cut rates"
IN proprietary medicines i'm this country
to-day received the unqualified disapproval
~ The Supreme Court of The United States.
That tribunal declined. iH an opinion by
Justice Hughes 20 give It's aid 20 such an
attempt. on the ground thar it would afford
/ the manufacturers Of medicine an unlawful
monopoly.
Tie question % the right of q manufact-
urer 90 control the price Of his article to
the consumer arose in n suit begun ny the
Dr. Miles Medical Company. Of Eikhart,
Ind. agaiusj d wholesale dealer in medi-
cines in Cincinnati. the John u. Park &
Sons Company
Justice Lurton. then 4 Judge I'm the Cir
cut Court announced The opinion ~ the
Circuit Cour' Of Appeals or the sixth Cir
cult. DENYING the iniunctions sought. lie
said tina. white the manufe cturer Of medi-
C.neS under q secret formula had right To
20 monopoly Of manufacture until the for
rlula was discovered by fair means. Yet
the courts could not insure him the "un-
necessary monopoly" of controlling the price
To- the consumer
Justice Lurton added that such manu-
factur~r would be accorded otherwise a
greater privilege than an inventor. He
pointed out that an inventor mast make
fublr his invention. which becomes the
,ioperty Of the public after few years.
Lu, a manufacturer OF a proprietary medi-
cine. under a mere secret formula, might
enjoy a monopoly forever.
Justice Hughes to-day quoted approfing
~ from fudge Lurtone opinion and stated
that tho medical company had made The
mistake Of considering It's monopoly ~
manufacture 20 he q monopoly NJ sale.