The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1911-06-13
COMMON LAW RESTRAINT IS THE
REMEDY.

Observer is evidently not very we'll
with the decision OF the
supreme court in the case of the
American Tobacco company. In re-
cent editorial the News and Observer
says that the American Tobacco COM
pany was ordered by the supreme |
court to quit its policy Of intimNda-
ton and monopoly aud to dissolve It
self" Even cursory reading OF the
opinion OF the court would have In
formed our contemporary that the
court did not order the dissolution OF
the American Tobacco company II
ordered the company to reshape its or
ganization so as to conform to a GER
tain indefinite standard that even the
learned judges Of the supreme court
themselves have not been able TO de-
fine. The court said to the company
that 1t might retain its efficient or
ganization to conduct its great world
business, hut that il must not be guilty
of an unreasonable restraint OF
trade. In other words, the court has
thrown around the conduct of the
American Tobacco company reason
able restraint II has made the con-
duct OF these large corporations sub
ject to the rules of common law.
1t is the application OF this common
law restraint to the other large cor
porations of the country, as a remedy
for the unjust practice of which they
have been guilty, that We advocate. We
believe that this policy is superior to
the policy Of wanton destruction ad-
vocated by the News and Observer and
Iother radicals who have been loud ia
their denunciation Of the decision Of
the supreme court.
II there is anything Of "paternalism'
in this policy then the application o
common law principles to the conduc
of individuals and organizations b,
Legislative enactment and judicial de
cision, which has been going on TO
. hundreds OF years. is paternalism.
The News and Observer INDUCES i
a fayorite trick OF political speaker
when they are unable to answer SCUM
argument. 1t attempts to dismiss tn
whole subject under discussion by
; sally OF wit. All that is necessar,
r according to the statement of the New
and Observer. to place the bushes
that is now being done in the Unite
States by large corporations in tn
hands Of individuals is 10 -iail fe'
trust magnates." Such . solutio
might please a crowd Of radical d.
! structionists who hate all wealth b
cause 1t is wealth. but to propose I'll
as a check for a deep-seated economl
T movement is unworthy Of the hig
II -
place which our contemporary holds.
The News and Observer says thi
y the policy Of the American Tobac'
= company toward the tobacco farmei
lis to pay You just enough 10 e
:. courage you to grow a sufficient qua
tity for our needs. When We gel
supply ahead We put down the pri
TO starvation figure. When the 10
&c prices drive you TO quit growing IL
d give you bait to go at Il again
n putting up the price. As soon as y
have planted big crops We put dos
r the price again.
il The News and Observer speaks
l. @baiting" the tobacco farmers AZ
they we're catfish. We give the far
ers credit for having some intel
he gence. but II seems that our ca
n Temporary has rather poor opIni
a. OF them as a class. The News a
Observer knows that the aetI
/. records Of prices paid for iobae
=, since The American Tobacco eompa
ia was formed will In no vie bear {
its statement.
IN regard to the calling on; o. troc
- for protection against Night Riders
N the trust. men," the memory Of q
M contemporary is again detective.
was the independent tobacco grow
80 that plead for projection against
8 destruction Of their fields and
Il. burning Of their barns By The orga
cation Of tobacco growers known
the "Night Riders"
an -
,,e bachelor Titles.
A.