New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-03
TREATY ENFORCEMENT
AND ANTITRUST LAW Up
Briefs Filed in u. S. Supreme
Court Affect "RuIe of Reason"
and California Land Law.
DECISION HERE ATTACKED
Lumbermen Say Circuit Appeals
Judges Set Aside Interpreta-
ton of Chief Justice on
Monopoly Question.
TFrom The Tribune Bureau. ]

From The Tribune Bureau
Washington Oct. 2-The rule Of reason
in the application of the antitrust law
and the sovereignty of the federal govern
ment over states in the enforcement OF
treaties, the latter one of the problems
involved in the California anti-alien lana
law situation, were presented to the
United States Supreme Court to-day In
briefs filed in two important cases
The rule OF reason in the application OF
the antitrust law Is invoked by the Re
tail Lumbermen's Association, of Phiia-
delpha. which was party to the suit IN
stituted by the government for the disso-
luton of the so-called Eastern retail
lumber trust.
The absolute supremacy OF the federal
government in making treaties with other
governments and the obligation of states
to observe such treaties Is presented as
an argument in the brief Of counsel Tor
Joseph Patsone, who was fined as an I'M
naturalized citizen for having In his pos
session a shotgun, in violation OF the
Pennsylvania law OF May s. 1909. II the
Supreme Court should decide that the
II
violation OF the treaty OF commerce with
Italy. and uphold the contention OF Pat
some, It might be expected 10 decide that
the State OF California has exceeded the
bounds OF its authority II the anti-alien
land law is found TO conflict with the
provisions OF the treaty with Japan.
The Philadelphia retail lumber dealers
insist that the practice Of their associa-
ton in sending out circulars giving In
formation Of dealers who pretend to be
wholesalers and are doing a retail busi-
ness" is not a suppression OF compet-
ton within the meaning OF the Sherman
law as interpreted according to the rule
of reason. The decision OF the Circuit
Court Of Appeals for the Southern Dis
trict of New York. they contend. which
upheld the government and adjudgcd the
lumbermen TO be in restraint Of trade.
appears to shatter the rule Of reason in
these litigations."
1T would SEEM" they charge. speaking
Of the judges OF the lower court who de-
livered the opinion, 'as II they intended
either to base their conclusions directly
against the doctrine OF recent cases In
the Supreme Court. or. II that be scarcely
compatible with their high intentions and
great learning, then TO point ont 10 this
court that II it applies the rule Of reason
the decision must be The other way"
THE Sherman act" the plea continues,
is not TO be applied to a reductio al
absurdam. OF course. It had to intend
that the standard OF reason should be APP
piled in such matters"
IL the prayer Of tho Philadelphia lum-
bermen IL answered the Supreme Court
must again pass upon the question or
whether the alleged trusts are TO find
refuge under shelter Of the rule OF reason.
The treaty question Is involved I'm the
contention of Patsone that the Pennsyl-
vania law is unconstitutional and In Nlo-
lation of the Italian treaty OF commerce
which guarantees TO the citizens OF both
countries equal protection OF life and
property. The state law. enacted for the
protection of game. forbids the ownership
Of a shotgun or rife by any unnatural
ICED foreign-born resident. This provision
is held to be a discrimination against I'M
naturalzed citizens. particularly the ltal-
ians. who are denied privileges accorded
10 Americans for the protection OF their
lives and property.
Treaty is the supreme law OF the
land" the brief asserts, "and Is not TO be
restricted or interfered with by the exer-
else of any state power
1t is urged that state laws relating 10
the inheritance Of realty have been de-
clared invalid by the Supreme Court be-
cause they conflicted with treaties.
1t Is possible that I'm passing upon TINS
question the Supreme Court may fore
shadow what attitude it will take II the
California land law Is submitted TO II TOT
approval or disapproval.