Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-02-27
Report Demands a Cur
taiIment Of Supreme
Courts Power.
DANGERS POINTED OUT
Common Law, Such as Is Had in
England, Would Be the
Result Here.

Washington. Feb. 27.-The supreme
courts so-called modification OF the
Sherman antitrust law TO invoke the
rule Of reason in decisions upon re-
straints Of trade. is attacked in vigor-
Gus terms in a report presented to the
senate today by the interstate com
merce committee. which points out the
dangers Of uncontrolled and unguid-
ed judicial discretion" ana makes en-
phatic demand for amendments to the
Sherman law 20 remove from the
courts the power TO determine what
are reasonable restraints Of trade
The report is the result OF the com
mittees long investigation Of the op
Grafton Of the antitrust law.
FANORs A COMMISSION.
The committee recommends new
laws TO define exactly what combina-
tions are unlawful so that both the
business interests and courts have a
standard upon which to proceed. 1t
recommends a federal interstate cor
porat.on commission, with power to
supervise corporations, pass on and
approve combinations and agreements
and 10 take over the work Of dissolv-
ing Illegal corporations such as the
Standard oil or American Tobacco
company.
Commenting upon the decision OF the
supreme court in the Standard Oil
case. in which the rule Of reason"
was called in, the. report. written by
Senator Cummins, says:
BsTITUTE FOR CONGRESS.
THE committee has full confidence
in the integrity, intelligence and pa
tr.otsm of the supreme court. but is
unwilling to repose in that court. or
any other court, vast underlined powers
which il must exercise in the admins
tratiOn OF statutes under the rule II
has promulgated. II substitutes the
court in place OF congress, for when
ever the rule Is invoked the court
does not administer the law, but makes
the law II It continues in force, the
federal courts will, so far as restraint
OF trade is concerned. make a common
law Tor the United States just as the
English courts have made common law
for England The people of this coun-
try will not permit the courts TO de-
clare policy for them with respect
10 this subject.
III we do not promptly exercise our
legislative power the courts will suffer
unreasonable injury in the loss OF
that respect and confidence so essen
tial to their usefulness. II is in.
conceivable that In country that is
governed by written constitution and
statute law. that the courts can be
permitted to test each restraint OF
trade by the economic standard which
the individual members Of the court
may happen 70 approve.
ON UNCERTAIN GROUND.
AS the antitrust statute is now
construed" adds the report. lit is i'm
possible for any association of men
however. diligent they may be in seek
ing advice and. however. willing tc
follow II. TO know whether what they
are doing, or what they are about tc
do. will be ultimately found by the
supreme court 10 be a due or an undue
restraint OF trade"
In the further criticism OF the su
preme courts rule OF reason" the
Cummins report directs attention C
the fact that the governments suit fol
dissolution OF the United States stee
corporation will ultimately come be
fore the supreme court.
in the end, nine justices Of the
supreme court will be asked TO say
whether the restraint Of trade broush
about through this combination is {
due or undue restraint" says the re
port. "and the answer each justice
makes TO that question will depend or
his individGl opinion as an econo
mist or soc!logist, the conclusion o
the court being an act OF the legisla
tion passed by the judicial brancl
Of the government 10 any particular
case.
GOVERNMENT OF MEN.
II We do not speedily prescribe. II
so far as we can a legislative rul'
by which 10 measure the form OF con
tract or combination in restraint o
trade with which We are familiar, o.
which we can anticipate, we cease tC
be government OF law and become {
government Of men. and moreover. o
a very few men. and they appointed
by the president"
No specific legislation is recon
mended by the committee, but it urge.
congress TO devise laws as quickly al
possible which shal specifically pre-
scribe certain conditions gDon which