The Butler weekly times. (Butler, Mo.) 1881-1918, 1912-10-03

a T. Il j, adl "a
! standard or and Republic OIL Cases.
The Standard and Republic OIL
suits had been won in the State su-
preme Court by my predecessor. The
companies carried the cases to the
Supreme Court Of the United States
upon writ of error, and there for the
first time attacked the constitution
ality of the antitrust statutes OF Mis-
souri,.
therefore fell to my lot to sustain
the validity Of these laws In that trib-
unal. The real fight in these cases
therefore took place in the Supreme
Court of the United States. The con.
viction of the companies In the court
below was simple and certain pro-
cedure.
The Standard Oil and Waters
Pierce companies had. by agreement,
divided tho territory in Missouri.
This Is known as a simple combina-
ton in restraint OF trade, being the
first step in the four transforming
0pOcnS IN THIS country.
The antitrust laws had been upon
our statutes for twenty-three years
and were written by Hon. Champ
Clark, now speaker Of the National
House of Representatives. On the
first of last April, in q unanimous
opinion handed down by Justice La
mar, the law was sustained. In thus
winning the cases over some of the
greatest lawyers in the west and in
sustaining the law, we can but feel
proud. In sustaining the law and af-
firming the judgments, we were en-.
abled to collect from the companies
fines totaling $100,0OO.0O, and placed
same in the treasury of the state of
Missouri to the credit of the revenue
fund.
Two-cent Passenger Fare and Lower
Freight Rate Cases.
These cases were tried by my pre-
decessor. l had no hand in nor any
thing to do with the trial, and these
laws were by the trial court held con-
fiscatory.
1t became my duty to take charge
of the cases upon appeal to the Su-
preme Court of the United States;
eighteen cases in all. Two great
questions were presented to the court:
that of whether or not the laws i'm
pinged upon section 8, article l of
The constitution of the United States,
known as the commerce clause; and
or not they were conf1sca-
.ory and violative of the fourteenth
to the Federal constitu-
ion. In considering these questions
matters of both law and fact were
involved. 1t affected the right of a
sovereign state to fix maximum rates
N commerce wholly within the state.
n my humble judgment the state
has the exclusive |
light and authority to regulate and |
control intrastate commerce, includ-
ng rates and tolls therefor, and Con-
,ress has the exclusive right to con-
rol and prescribe rates on interstate
commerce. The mere amount named
s to such state rates cannot impinge
pom the commerce clause, neither
an the reduction of state rates on
ntrastate traffic as matter of law
hange interstate rates. As to
whether or not the rates were really
onfiscatory was merely a problem in
We, together with associate coun-
ell, argued the Burlington case in
october, 1910, and the court, after
aving same under advisement for
even months of it's own motion re-
ssigned the cases to the docket for
econd argument. This was an indi.
alton that the eight judges before
HON the case was presented were
Qually divided.
| spent six or seven months in
riefing the other seventeen cases,
nd on the first of last April in an
rgunent lasting practically three
avs, we presented both the ap-
calls and cross-appeals, and same
ave been finally submitted and are
waiting decision, which is expected
the October term. Being thorough
familiar with both the law. and the
Icts in these cases, l now feel salts
ed that the State of Missouri has an
lual or better chance to win than
lie railroads have of securing an af
rmance of the judgments in the
)urt below
The principles involved in this liti-
alton not only affect the State of
issouri, but every other state in
e American Union. The principles
volved strike at the foundation Of
If government, shall the rights of
e states be preserved or shall they
, swallowed up by the Federal gov
To carry these cases to the Su-
'eme Court of the United States, on
count of the voluminous records,
as necessarily expensive, but we
I'VE spared neither time nor labor in
If efforts to sustain these laws for