The Washington herald., 1911-05-18

the Supreme Courts Interpretation Of the
law. and to make the prohibition Of the
Sherman act against combinations In re-
straint Of trade absolute.
Fear More Agitation.
1t Ii expected that this is only the
beginning Of lot Of agitation in Con-
gress for the amendment Of the act. The
Republican insurgents In the Senate.
headed by La Toilette. have not yet
moved In the matter, but their thoughts
are incubating. and something may be
expected from this quarter within q few
days.
senator Bristow, 1t is understood, Is
rolling over In his mind the suggestion
that commission be created to deter
mine the question whether any trust that
may be hailed before 1t exercises reason
able or unreasonable restraint OF trade.
Democratic leaders In the House, with
Few exceptions, also seem inclined to
advocate legislation amending the Sher-
man act. Chairman Clayton, Of the
House Committee on the judiciary. which
has Jurisdiction oyer legislation Of this
character, expressed the opinion yester-
day that Congress will sit quiet for the
present and see how the trust will act
under the law as interpreted by the
Standard Oil decision.
WISH tHc court Hdu put tue
OIL Company in the hands Of a receiver"
said Mr.. Clayton, "and then the country
would know whether the corporation Is
really dissolved or not"
Democratic leaders are expecting that
| the trust question will be a prominent
issue in 1912, and they are apparently pre-
pairing to gather II in and nurse II for
use after the revision of the tariff is a
thing OF the past.
MANLY Cnn~epnad
1t was learned yesterday that the De-
partment Of Justice is looking forward
| to the 'Hcision of the Supreme Court in
the tobacco trust case with almost as
much anxiety as they awaited the deci-
| sion ~ the Standard OIL case. In the
Standard Oil case the Supreme Court.
in interpreting the law established GER
tain standards and laid down important
| principles. In the tobacco trust case
the Supreme Court will for the first time
apply the principles, and the result Is
| awaited with much concern by Attorney
General Wickersham and his advisers.
So important does the Attorney General
regard the manner in which the Supreme
Court applies these principles that he has
declined to express any opinion for pub
| lication on the effect of the Standard OIL
he is able TO view 1t In the light of the
Supreme Courts action on the tobacco
trust case.
In the Standard Oil case the question
| of intent to monopolize was more clear
ly established by the acts of the defend
ant, while in the tobacco trust case the
question of monopoly seemed to rest
| more directly upon mere power or size.
The Supreme Courts application of its
| unreasonable restraint standard to the
tobacco trust case is therefore awaited
with anxiety by government officials as
being the first indication of the court 8
| attitude In applying its theory.
Officials of the Department Of Justice
| contended yesterday that there is no
| discrepancy between the arguments
which Attorney General Wickersham ad-
vanced before the Supreme Court in re-
| gard to the Interpretation of the Sher-
man antitrust law and the construction
which the court finally placed upon IL.