The Mena weekly star., 1912-03-14
OPENS new DOOR
FOR THE TRUSTS
Chief Justice White, in Dissenting
Opinion to Supreme Court Ruling.
Points Out Danger 60 Public
Asks Congress to Act.

Washington, ID. G., March i2.-
The Supreme court, in holding that
the owner OF patent has an unre-
stricted monopoly on all articles
used in its operation, may fix its
price and prescribe its use, has laid
down broad principle Of doubtful
application to many Of the govern
ment's most important antitrust
suits now pending which involve
questions of patent rights.
The court stood four to three.
Chief Justice White, with whom
dissented Justices Lamar and
Hughes, in spirited opinion,
voiced his dread OF the results of
the courts work. asking who could
foretell the extent of monopoly and
wrongful restrictions which would
arise. AS construed by the majority
Of the court the chief justice de-
clared the patent law could reach
out to include within a patent ov-
cry conceivable thing used in every
American household.
White Asks Congress TO Act.
The chief justice declared that
congress should act to head or sun
told evils which would follow the
courts construction Of the law. He
arraigned the majority as having
broken all precedents. The court,
in its history, he said, had never
failed to do its duty to the whole
people, and to stand as the protec-
tor Of every household.
Justice burton, who delivered the
majority opinion, was joined by
Justices McKenna, Holmes and Van
Deventer.
Attorney General Wickersham
and Solicitor General Lehman
heard the decision and regarded it
as epoch-making.
Patent Rights in Antitrust Gases.
During the last two years the de-
partment Of Justice in its prosecu-
tions under the Sherman law, has
encountered more and more the
question of the rights Of patentees.
Some predicted that the antitrust
suits of the future would be fought
along those lines.
Because of the sweeping import
ance Of the decision TO the enforce
ment OF the Sherman law, it is not
rehearing may be
asked to bring the question before
a full bench of justices. Justice
Day did not participate.
Foremost among the pending
antitrust suits which may now be
affected are those against the Unit
cd Shoe Machinery Company, the
Keystone Watch Company and the
so-calied coaster-brake trust.
The case actually before the court
concerned the right of the patentees
OF rotary mimeograph to bind
the purchaser of each machine TO
use upon it only ink which he
manufactured.
Illustrations OF Effect Of Ruling.
Chief Justice White gave illus
trations of what the effect Of the
decision might be. He declared that
the court had said to the patentee
selling a patented engine that he
had the right by contract to bring
under the patent laws all contracts
for coal or electrical energy used
to afford power to work the ma
chine.
To the buyer Of patented sew
ing machine, he declared, it said
the patentee might require all the
thread, needles or oil used TO be
bought from the patentee. The
patentee of cooking utensil might
require that all food cooked in it
be purchased from him, or that the
patentee Of window frame might
assert that all the material In
house in which the frame was to be
used must be procured from him.