The Oakes times. [volume] (Oakes, N.D.) 1906-current, 1911-12-07
In Cases Of Standard Oil and
Tobacco Companies.
THINKS AMENDMENTS NEEDED
Believes Present Statutes Good a. Fa.
az They Go but Suggests Supple
mental leoIsIation-For Fed
eral Corporation Law.

IN Doth houses of congress today, deals
exclusively with the antitrust statute
The full text of the message is as fol-
lows:
To the Senate and House Of Repre-,
sentatives: This message is the first
OF several which shall send to con,
gress during the interval between the
opening Of its regular session and it's
adjournment for the Christmas holi,
days. The amount of information to be
communicated as to the operations Of
the government, the number Of impor,
tant subjects calling for comment by
the executive, and the transmission to
congress of exhaustive reports by spe,
cial commissions, make it impossible
to include in one message Of reason,
able length a discussion of the topics
that ought to be brought to the atten.
ton Of the national legislature at its
first regular session.
Tho Antitrust Law-The Supreme
Court Decisions.
In May last the Supreme court hand.
ed down decisions in the, suits: In
equity brought by the United States to
enJoin the further maintenance Of the
Standard OIL trust and Of the Ameri,
can Tobacco trust, and to secure their
dissolution. The decisions are epoch.
making and serve to advise the bust.
tnsss world authoritatively Of the scope
and operation Of the antitrust act OF
1890. The decisions do not depart in
any substantial way from the previous
decisions Of the court in constituting
and applying this important statute,
but they clarity those important deci.
sions by further defining the already
admitted exceptions to the literal con.
struction of the act. BY the DEGREES,
they furnish useful precedent as to
the proper method Of dealing with the
capital and property of illegal trusts.
These decisions suggest the need and
wisdom of additional or supplemental
Legislation to make 1t easier for the
entire business community to square
with the rule Of action and legality
thus finally established and to preserve
the benefit. freedom and spur of rea-
sonable competition without loss OF
real efficiency or progress.
No Change Ii the Rule of Decision
Merely In It's Form Of Expression:
The statute In its first section de-
clares to be illegal every contract,
combination in the form Of trust or
otherwise, or conspiracy. in restraint
of trade or commerce among the sew
8eral states or with foreign nations"
and In the second. declares guilty Of a
misdemeanor every person who shall
monopolize or attempt to monopolize
or combine or conspire with any other
person to monopolize any part OF the
trade or commerce OF the several
states or with foreign nations
In two early cases. where the statute
was invoked to. enjoin transportation
agreement between interstate railroad
companies, It was held that 1t was. no
defense to show that the agreement as
to rates complained Of was reasonal
at common law, because It was said
that the statute was directed against
all contracts and combinations in re-
straint Of trade whether reasonal at
common law or not It was plain from
the record. however that the contracts
complained Of in those cases would
not. have been deemed reasonable at
common law. In subsequent cases the
court said that the statute should, be
given q reasonal construction and re-
fused to include within Its inhibition
certain contractual. restraints OF trade
which It dominated 40 incidental or 40
indirect.
These cases Of restraint Of trade that
the, court excepted nom the operation
Fof the statute we're instances which; ~
common law, would have been: called
reasonable. In the STANDARD on ana
Tobacco cases, therefore. the court
merely adopted the tests Of the com
mon law. and IN defining exceptions to
! the literal application Of the statuts,
only substituted for the test of being
Incidental or indirect, that Of being
and this. without varying
II the, slightest the actual scope ana
effect Of the statute. IN other words,
all the cases under the statute which
have now been decided would haye
been decided tho same waysM tho court
had originally accepted n II constFuo-
don the rule at common Inv. &;
ss II has been said that the court ~
htTodu ducing Into tAs constfnss Hon &
[Conslsdsd = Rass ssssn: s.