Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-12-05

Washington. Dec. b.---Thc first OF
a series Of presidential messages, In
which Mr. TAFT deals with various
issues that form a part OF his admin
istration. was sent to congress when
u met today.
The message IL az follows:
To the Senate and House OF Repro.
sentativcs:
This message is tho first Of several
which ! shall send 10 congress- during
the interval between the opening OF
It's regular session and its adjourn
ment for the Christmas holidays. The
amount OF Information to be COM
munlcaled as to the operations OF the
government, the number OF important
subjects calling loT comment by the
executive, end the transmission 10
congress OF exhaustive reports OF spe-
clal commissions, make u impossible
10 include In one message Of a reason
able length q discussion Of the topics
that ought TO be- brought to the atten-
tion OF the national legislature al It's
first regular session,
Tho Antitrust Lsw-Ths suprcme
Court Dcclsions.
In MAY last the supreme court hand.
ed down decisions In the suits In
equity broaght by the United States
to enjoin the further maintenepce Of
the standard OH Trust and Of 'hc
American Tobacco Trust, and 10 se-
cure thqir dissolution. Tho decisions
are cpoch-making and serve 10 advise
the business worli autnofifafircIy of
an. a...s.. uaA ....nwnal.... - anti.
trust act Of 1890. The decisions Do
not depart In any suhstantini way
from tha previous 'aeclssans of the
important statute. but they clarity
those decisions By further defining
the already admitted exceptions 10 the
the DEGREES, they furnish a useful
precedent as TO the proper method OF
dealing with the capital and proper
ty OF Illegal trusts. These decisions
suggest the need and wisdom OF addl-
tlonal OF supplemental legislation 70
Iaakc u easier for the entire commun-
ny to square With the rule Of acton
and legality thus hnally established
aud To preserve the benefit, freedom,
and spur Uf reasonable competition
without loss Of real efficiency on
progress.
No Change In the Rule Of Decision
Merely In les Form Of Expression.
The statute In its iirst section de-
cinrcg 20 be illegal every contract,
combination In the form OF trust or
Otherwise. or conspiracy, In restraint
OF trade or commerce among the sew
eral states or with foreign nations,
and In the second. declares guilty OF a
miadcameanor every person who
shali monopolize or attempt TO mon
ogoliza cf combine or conspiTo VITA
any other person 10 nonopollze ans
pert OF the trade OF commerce OF the
several states or with foreign ma
tionn"
In two early cases. where the stat
ute was invoked 10 enioln ifRnspof
tnilun rate agreement betwceu inter-
state railroad companies. Il waA held
that Il was no defense 20 thow ti.al
the agreement as 10 rates complained
cf was reasonable A. common Law, he.
cause u was said that the statute wss
directed against all contracts and com
b nations in restraint oi trade whether
scnsonable af comnica law or not u
was plain from tho TDcore however
that the contracts nI'ariainad Of ID
those cases would not have been deem
cd reasonable at common law. IN
subsequent eases the court said that
the statute should be given reason,
able construction and refused 10 In.
1lnde within i9s Inhibition. certain
contFaciual restraints Of trade whlcl
Il dcnomlnated as incidental or a.
indirect
These cases OF restraint OF trade
that thu court excepted from the 90
eratinn Of the statute we're inhtancei
which. ag common Law, vousn hays
been called reasonable. In the SinnG
ard OIL and Tobacco cases, therefore
the court merely adopted the tests ~
the common law, and In defining ca
copliona 60 the literal application G.
the statute. only substituted far ths
tost OF being Incidental or Indirect
that OF being reasonable, and this
without varying IN the slightest tb'
actual SCOPE and effect OF the statute
In other words. all the cases unde
the statute which have now been dc
clded would have been decided IN,
same way II the court had Originally
accepted In It's construction the ruiz
at common law.
II has been said that the court. b,
Introducing Into the construction o
the statute c0mmon'Iaw distinctions
has emascnlated H. This IL ohviousil
untrue hy 10 Judgment every con
traoi and combination IN restraint o
Interstate trade made with the nur
pose or nocosnary effect OF controllinl
priceE BY Sitting competition. or o
establishing IN whole 0F In part
monopoly OF auch trade. IL condcmue.
BY thu statute. The most extreme
critics can nof instance case tina
ought 70 be condemned under tn