The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1911-05-17

men know what a monopoly was?
And when congress said that we will
punish any man that monopoliZes or
attempts TO monopolize any part of
Interstate commerce, did Il not know
what IL intended? That is not all:
Every contract. combination in
form or trust or otherwise, or CON
spiracy in restraint OF trade or COM
merce among the states. is hereby
declared Illegal
Congress Was Plain.
"ThereforS congress said to all the
people or this country:
We are mott going to bother the
courts or ourselves with any inquiries
as to what contracts are In restraint
OF trade reasonably or unreasonably.
We are not going to leave that to any
jury. We are not going to leave that
to any circuit judge. We will deter
mine it as part of the policy OF the
United States. that. so far as inter
state trade is concerned, no body or
corporation shall make or attempt TO
enforce contract. any contract. that
in an ydegree restraints interstate
I trade
"Can anybody doubt the meaning
] VI THESE NOIuH
Justice Harlan then cites the de-
| cisions Of the Supreme Court OF the
United States in a number OF cases,
| among them the Trans-Missouri case.
in 1896. the joint traffic desision. in
/ 1898.
In the now not very short life that
/ have passed in this capital and
the public service OF the country, the
most alarming tendency OF this day,
| in my judgment. so far as the safety
and integrity of our institutions are
I concerned. is the tendency 10 judicial
I legislation. so that when men having
I vast Ipterests are concerned and they
cannot get the lawmaking power OF
the country which controls il 10 pass
the legislation they desire. the next
thing they do Is to raise the question
in some case TO get the court TO so
construe the constitution OF the stat
ute as 10 mean what they want Il 70
mean. That has not been our prac-
tice.
The court. in the opinion in this
case. says that this act of Congress
means and embraces only unreason-
able restraint OF trade-in fiat con-
tradiction TO what this court has had
fifteen years ago that Congress did
not intend.
II you will take the trouble 10 look
through the Federal Reporter you
will find that possibly nearly every
Federal court in this country has ac-
cepted those original decisions as the
final decision OF this court as to the
meaning OF the act o. Congress.
Now We are asked 20 change the
rule and say:
1T may be true in the words Of
the statute. this contract or this
agreement is in restraint Of interstat .
trade. 10 may be But is II a lawful
restraint Of tire de? II is a lawful re-
straiut
If there IS any feature IN our gov
ernmental system that is now amons
the nations OF the earth. Il Is that
provision Of the Federal constitution
which divides the departments OF gov
eminent among three coordinate
branches Legislative. executive and
judicial. and neither branch has the
right 70 cncroach upon the domain
OF the other
Practically the decision today
do not mean the Judgment parts
+ Of the opinion are 10 the effect. prac-
tically. that the courts may. hv mere
judicial constuicuos,. amend the con-
stitution 81 the United States OF an
net 81 Congress. That. 70 strikes me.
is mischievous. and that IS the part Of
the opinion that 7 especially object
to-"