Arizona republican., 1911-05-17
THE PRESIDENTS OPINION
Accepting the Law of the
Court, He Is Inclined to
Declaration of Justice
Harlan that Court Should
Not Legislate.

Washington, May 16.-GOvernmental
shington-legislative. executive and
judiciaI-gave over the greater part Of
today to a discussion of the supreme
courts disposition of the Standard Oil
case
While there was qualification in ad-
ministration circles over the order for
the dissolution of the corporation which
had been declared IAN unreasonable
combination and monopoly in restraint
of trade. there unquestiOnably vas mis-
givings as 10 the Interpretation Of the
antitrust law. giving To courts the
right To- determine whether a monopoly
was reasonable" and declaring ''rea-
sonable" monopoly not to be in contra
vention of the statute.
President Taft. who little more
than year ago in a special message
! To congress. said that under supreme
court precedents there could be- no
such things as reasonable and "un-
reasonable" restraints of trade, or, in
other words. good trusts" and bad
trusts" was said 10 have been rather
disappointed that the court should have
seen fit TO reverse itself in this import
ant matter.
President Tafrs message was free
! " quoted about the capitol and the
! seeming similarity of his views as to
the scope of The antitrust law, to the
view expressed by Associate Justice
/ Harlan in his dissenting opinion yes
terday attracted renewed atta,tion to
Justice Harlan's position as outlined
in his statement to the court follow
4 ing the handing down of the majority
/ opinion by chief Justice White.
/ Justice Harlan held that his brother
| Judges had not the right 10 ursurp the
! functions of the legislative branch Of the
government by writing into the statute
/ a differentiation between reasonable
and unreasonable"
| He declared that congress had re-
sisted all appeals to amend the act
| and that there was every reason 10
! bel eve such an amendment never could
| be nut through the legislative branch
| Under these circumstances in their eN-
tremity. great aggregatiOns of wealth
| had applied TO the court in an effort
to have 81 cons;rue the law in a way
/
il had held on two previous occasions
| Justice Harlan declined To be a party
| to such a reversal and hence his dis
| senting opinion. He denounced as
! the most alarming tendency Of the
| judicial legislation. Men of power. he
said, always were trying 10 get the
courts to do what congress would not
The apparent reversal in the Stand
| ard Oil case. of the court decisions on
| these former occasions. formed the
basis of much of the discussion here
! Although the presidents ideas as itC
| the rule of reason" seem to be diverg
ent from those Of the majority opinion
and to coincide more closely with the
dissenting views OF Justice Harlan. Mr.
Taft was quoted by callers today as
saying: Il defer to the decision of the
supreme court; l am willing to take
my law from it
Generally speaking. the democratic
senators and representatives frankly
depressed their disappointment as L
the rule of reason" feature of the de.
cision
Chairman Adamson of the hous'
committee on Interstate and foreigI
commerce. said the supreme court ha,
no constitutional power 10 write th'
words reasonable or unreasonable
into the sherman antitrust law.
1t was reported tonight that severa
democrats are ready To offer amend
ments To nullify the courts interpre
tation of Sne law, but the matter un
questiOnably viii be carefully con
sidered before any action is taker
Some insurgent republicans also wer
said TO have i'm view amendments L
the antitrust law declaring all mo
nopolies, whether reasonable or unrea
sonable. to be in restraint of trade. an
thus take from the courts the power q
Interpretation bestowed by Yesterday
decision
Representative Mann, republica
leader of the house. gave the decisio
his hearty endorsement He defende
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