The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-05-17
Venture to Think This Is to Put
Into Hands of Court a Power
to Exercise SO as to-
insure the Uniformity of Deci-
sion Essential to Just Judgment"
He Wrote to Congress
ARL LAN'S DISSENT AGREES
WITH PRESIDENTS VIEW

ge, courts to do what congress would
not.
President Taft in his special message
10 congress on January Z. 1910, urging
iede'al Incorporation act declared that
TO put the word reasonable into the
ANTITRUST statute, and thus leave 1t for
The courts to say what was a reasonable
restraint OF trade, would be 10 put into
the hands of the courts a power i'm
possible to exercise on any consistent
principle which would insure the uni
iormity Of decision essentl 10 good
1T is to throw upon the courts" he
ADDED: burden that they have no
precedents 10 enable them To carry. and
TO give them power approaching the
arbitrary. the abuse of which might in
NoNc our judicial system in disaster"
Good and Bad Trusts.
As 70 the doctrine of good trusts
and bad trusts" which the majority
Chief Justice White seems TO have laid
down. President Taft in his message
written more than year ago. said:
The public and especially the busi-
ness public. ought TO rid themselves OF
the idea that such distinction is prac-
tlcable. or can be introduced into the
antitrust law, no such distinction ex-
lists"
Relying upon the former opinions of
the supreme court I'm the so-cailed trans
dent said:
The supreme court in several Of its
decisions has declined 10 read into the
that the statute applies TO all restraints
and does not intend to leave to the
court the discretion to determine what
is n reasonable restraint of trade
The apparent reversal in the Stand
ard OIL cases of the court decision on
these former occasions. formed the basis
presidents ideas as to the ''rule OF
reason seem 10 be divergent from those
of the majority opinion and to coincide
more closely, with the dissenting views OF
Justice Harlan, Mr.. Taft was quoted by
callers today as saying;
Il defer 10 the decision OF the supreme
court: am willing TO take my law
from it
Generally speaking. Democratic SEN
ators frankly expressed their dsappoin
ment as 10 the "rulc of reason" feature
OF the decision.
Chairman Adamsou of the house COM
mittee on Interstate and foreign COM
merce. said the supreme court had no
oonstitunonai power to write the words
reasonable or unreasonable into the
Sherman antitrust law.
May Seek Amendment.
1t was reported tonight that several
men,s to nulify the courts Interpret ia :
| tion Of the law, but the matter unques-
tonably will be carefully considered be-
fore any action is taken, Some !nsur-
gent Republican senator's also we're said
| TO have In view amendments 10 the
antitrust law declaring all monopolies.
whether reasonable or unreasonable. to
be in restraint OF trade and thus take
| from the courts the power OF interpre-
tation bestowed by yesterday S decision.
Representative Mann. Republican lead
Sr Of the honse, gave the fsa% decision his his
courts action In the use, OF the, word
| unreasonable. and declared that II
some such distinction had no, been made
| in the opinion the business world would
have been thrown into chaos,
Chairman CLAYTON OF the house Judi
ciary committee said the unexpected
narrowing OF the statute would make
| necessary further legislation b. congress
Mr.. Clayton held TO the view however
| that the courts conclusion was correct
| and would be generally approved. Sena
tor Clark chairman Of the senate judi
ciarv committee. said the courts ruling
was "a wonderful wise decision
View of La Toilette.
Senator La Toilette. the insurgen'
leader. read In the senate Attorney Cen,
| eyal Wickersham's statement Of last
night expressing qualification over Tho
supreme courts action and followed II
with excerpts from The presidents spe-
cial message OF January 1, 1910. slrcndy
referred 10. Senator La Toilette SAID
| evidently there had been "rcmarkabl
change" In The Views Of the admInistrn
tiou IL the attorney generals statclpen
reelected the present state OF mind OF th1
executive.
| The Stondard on decision occupied th'
cabinet almost exclusively NJ todaH's scs,
.ion and President Taft. having read u
over twice. also discussed rs purpor
with sorc Of his callers. The atttuac %
tho president himscf. that ne should Dc:
{o, To The supreme cour; and accept the,
law as his law, was reflected BY tht
cabinet. IT., =, ~
or them was willing 10 admit that tn
decision was displcaslns. There is Z
disnosiiIon among cnbinct members Z,
a",nn tbn decision OF tho supreme couT
in the tobacco case. That decision i
axpccted Nfnv %. and until then no poilci
viU II, outlined b. Tie administration u
Continued on Page Two.