Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-21
The Rule of Treason

1t is becoming possible to see, dimly, what the
president proposes to offer the country in the way Of
trust regulation and control. In TIE late message to
Congress-, the only practical suggestion on this point
was that, instead of a repeal Of the Sherman anti
trust law, there should be supplementary legislation
to re- enforce it. Such a plan commends itself in one
way. The Sherman law has stood the test of a judi.
cial review. That it is not in conflict with the con-
stitution is an established fact. More than a decade
Of time was necessary to get that fact established.
The presumption being that no less time would be
needed to establish the constitutionality OF any new
law supplanting it, there will be a distinct gain effect
ed by retaining it as a working statute which can,
as occasion arises, be interpreted by the courts as to
the manner of its applicability in given cases. Il
has already. under such application and interpreta-
ton, gone far toward checking the rampant spirit
of overcombination and capitalization Of a few years
ago. 1t needs amendment and extension, and not
repeal. E&- .# =
A hint as to the possible line of amendment came
out of a White House conference of one night this
week, participated in by the House judiciary commit
tee, to which it will find reference. A practical plan,
said to have been proposed and decided upon, is the
passage of laws designating a number OF lines OF
industry now thought to be monopolized by trusts,
as coming within the rule of reason laid down by the
supreme court in the application of the Sherman
law. 1t is no doubt hoped that such a plan will OBJ
viate new litigation, and such a hope would seem to
be justified, at least as to any protracted litigations.
Whether the court, in laying down the. rule of reason,
opened a way for Congress to make specific designa.
tons coming within the meaning of the rule, may be
a question, but the court would very likely make a
quick decision in any such case brought before it.
And it strikes US, remembering the reiterated Ian
| Suage used in a number of the rule OF reason deci-
sions, that it is likely to say that Congress has the
power to apply the rule in such ways.
But the president will not be able to hold his
party to this line OF legislation as unitedly as he has
held it to the Underwood-simmon tariff bill, in spite
Of much protest, Or as unitedly as. he Jhas ,aas NH Id
ing is on The Glass year were $4,000. The II calves
OF ca,;;a,, wlrtIlcI worth $1,000 making the total OF
oma,a,. .n,@an, from the cows, $4,000. Subtra
u 49, Nv ~ $3.50 for expenses it leaves a net
Jobbing, whether it Of S1,750. But the feed bill
to recognize in 81 only covered the expense for II
selves. rhev wilI COWS, but also included the fee
$50 '.'. 10y e. ~i-h+ .uoa-!ings- several horses
effort to make q precedent, and Mr.. Wilson will dis
cover how mary Democrats in Congress can be infu
enced to such opposition, reaching them in their
districts, in many ways. The bill, also proposed, fol
the creation OF an interstate trade commission, tt
have supervisory regulation of the enforcement OF
the new ANTITRUST law, will not be opposed with
nearly the vehemence which will be directed against
the effort to have Congress apply the rule of reason
in its own way. The fight for and against the admin
point.