The Detroit times., 1911-05-20
PRoaREssIvEs FIND WAY TO
CURB SUPREME COURT



hint that congress did not have pow.
er 70 limit the jurisdiction OF the SUI
preme court.
II IL not contended by progressives
I'm congress that the second OF tho
two proposed measures would prevent
decisions like the Standard OIL de-
cision. In which the supreme court
usurps the legislative power and
reads words into the statute. Such
an act, however, would place a whole
some check upon the supreme court
and would head on any attempt by
the supreme court TO nullify the
Sherman antitrust law when the law
had been again vitalized by a con-
gressional declaration eliminating
the word reasonable"
Another proposition which IL un-
der consideration by progressive sem
ators and representatives Is the
drafting OF an entirely new and iron
clad law for the regulation OF trusts
similar to the British Companies
Acts" Such a law would provide
In great detail control over great cor
porations and would be framed TO
protect the rights OF the minority
stockholders and TO give such stock
holders power to protect Sthemselves.-
Such legislation Is drawn on an en-
tirely different theory from the
publicity" theory. Instead OF at
tempting to force publicity by gov
eminent inspection OF otherwise into
corporate affairs, the law permits the
minority stockholder 10 accomplish
| the same purpose by protecting his
own interests and preventing the
abuse OF great corporate power, as Is
possible under our present laws.
Unlimited discretion 10 given TO the
executive and judicial branches OF the
government by the supreme courts
| addition to the law Of that little word
reasonable" II Is the same word
| that Senator Mark Hanna tried 10
years ago to add by an amendment
| introduced In the senate. II Ii the
| word for which violators OF the law
have pleaded In the courts for 10
years. II Is the one word necessary
| to deyitalize the act and render II an
empty prohibition TO be set aside py
political courts and prosecuting Of
| ficials.
The Standard OIL ruling by the su-
preme court 10 the greatest single tri-
umph which special privilege has Sc
cured over the public welfare.
chief Justice White. who read the
Standard OIL decision, has participant
ed In IT opinions on the Sherman anti
trust law. In IA Of these he has been
opposed to the position voiced by Jus
| tice Harlan and has been on the side
Of the defendant trusts. Now come
| the new justices. Hughes. Lamar,
Vandevanter and Lurton. succeeding
| Peckham, Brewer, Fuller and Moody,
and by their votes convert Whites
pro-trust minority into the majority
opinion OF the court.
With this pro-trust majority Of
| judges on the supreme court, that
body not only reverses the Sherman
antitrust decisions Of Is years, but II
has gone 10 the unbelievable length Of
actually amending the act by judicial
proclamation - doing what lower
courts and the previous majority Of
the supreme court dared not do, and
| which congress-even the senate-re-
fused for 20 years TO do.
i Now that the court has amended
and practically repealed the Sherman
antitrust act, Che administration an
nounces that no message will be sent
to congress this year on the subject.
The law as proclaimed by Justice
White, IL pronounced to be eminently
satisfactory by both President Taft
and Atty.-Gen. Wickersham.
i The progressives Of both parties In
congress feel very differently about
the matter. Whatever they may think
about the wisdom Of the Sherman law
or it's effectiveness As q regulator OF
trusts, they are united In the belief
that the supreme court has over-step-
ped all boundaries In its unconstitu-
tional assumption Of legislative au-
thority.
| LONDON, May 20.-The supreme
court decision regarding the STANDARD
Oil Co. was not only expected by J
Pierpont Morgan but was entirely sat
isfactory to him. Morgan, who is now
stopping at his Princes Gate mansion
broke his usual rule against inter
views by permitting correspondents e
go this far in quoting him. THE re
cent tone Of the American market" he
said, shows that the decision IL cor
rect"