New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-16
GOVERNMENT VICTORY,
SAYS Mr.. W|CKERSHAN
hectares Substantially Every
Proposition He Contendsd
For Affirmed.
rs TO RESTRAINT OF TRADE
Comments on Opinions of Chief
Justice and Justice Harlan
President Not Ready to
Give His Views.

1-..bipe+on MAY IS Conlmentlhs ."
A.. -..,sard oil decision tonight. Al
,o-nav General Vickershem sslo 'n4'
,be court 1Inanimously affrms me u
c-as rendered by the circuit COURT ID
t,ror ~ the government IN every par-
,iculsr except that IL gives the o@lsno
arts six months instead Of thirty GAYS
times in which 10 comply WIN me %
cree
Substantially every proposition con
tended for b. The government IN 'h's
ease is affirmed b. the supreme court
.sid ,bs Attornev General in state
,,.rt issued hy the Department Of Jus
tic In the reasoning by which the
chief Justice reaches the CONCLUSION. ne
evpresses the view that onl! contracts.
combinations. etc. which IN any Wy
unreasonable or unduly restrain inter
s,a+e trade and commerce. or which are
.rrs. sonebiv restrictive Of competitive
Conditions. arc within the prohibition II
ipe f-st section Of the sherman act
Justice Harlan. on the other hand. dis
,srts from this view and contends that
every contract. etc.. which does RESTRAIN
trade and commerce is within the inhi-
hitiou of the statute. but he concurs
with ,he whole court IN the decree ~
sGlrmauce.
The chief Justice further holds that
the second section Of the act seeks, y
,ossibie. 70 make the prohibitions OF
tee act all the more complete and per
~ o., embracing all attempts TO reach
thr ends prohibited by the first section
that u.s. restraints Of trade by any at
t.mpt 10 mouopolize. or monopollzatiou
thereof. even although the acts BY which
ouch results are attempted 70 be brought
about. or are brought about. he not en-
Traced within the general enumeration
or tho first section. He further holds
that the criterion 10y which II IS 10 he
determined in an cases. whether con
tract combination. etc, s. A restraint OF
trade within the meaning Of the law IS
tho direct or indirect effect Of the acts
involved"
President Taft Has Nothing 10 Say.
President Taft and his Cabinet et the
regular session tomorrow will take NJ
the solution of the trust question.
brought sharply before them 10y the
Standard OIL decision officials Of the
administration knew sbsolutel1 nothing
n how tho supreme Court would de-
t.rmine The case but . decision IN favor
a. inc government was not UNEXPECTED.
e-rocfaliv hy the President. Attorney
General vickersbam. Secretary Knox
and tho other lawyers in the Cabinet
Last fan long before The final argu-
rents I'm the case were made. M
Wickereham with tho approval OF the
President framed a federal incorpors-
zion bur designed 20 permit the exist
-u.e of legitimate combinations of CAPT
fal uut 50 Horded as 70 prohibit monop-
oues and suoiectug corporations 10
government supervision That measure
vas re.or pressed i'm Congress although
81 was introduced RS reintroduotion in
this Congress rs possible.
The President himself had nothing 70
-sv about the decision tonight He
wtsred. he told callers 10 read IT care
aanr. 20 discuss IT. with tive Cabinet and
t. dissect NJ v1th III Wichersham I'm
r the=s things had been done he had
rr opinion TO express
The President began 500 Get bulletins
IN tla decision FROM the office of tbs
oIs-j Of the supreme court soon after he
.f-. vr-.-l,.,~t.- r.+r .I-t- of4o,