New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-28
Interstate Body Enters Protests
AGAINST judicial Legislation"
by Supreme Court.
RAPS RULE OF REASON"
Court Took Place of Congress,
Declares Report to Senate
Favors Commission to Su.
pervise Corporations.
From The Tribune Bureau.

Washington. Feb. e7-Emphatic pro-
tests against what IS termed judicial
legislation by the Supreme Court in the
application Of the antitrust law. and rec
lamentations that additional legislation
re enacted for the more effective control
of interstate commerce. and that a COM
mission 10 supervise corporations he es-
tsblished, are the burden of the report Of
the Committee on Interstate Commerce
presented 10 the Senate to-day No spe-
cihc recommendation as 10 legislation was
made.
The committee. the report states,
does not intend in this report TO indicate
the terms Of the act or acts that should
he passed TO supply the court with such
legislative tests and standards as will
limit the scope of judicial discretion TO
do so would De 10 report on the bills now
before il. and that the committee is nos
prepared 20 do.
1t is prepared. however. 10 say that
Congress should, in as Jar as possible,
specifically prescribe certain conditions OH
which persons and corporations shall be
permitted 10 engage in commerce among
the states and with foreign nations.
These conditions should be of character
that will tend 10 preserve reaso laOle COM
petition, or substantially competitive con-
diiiOns. and 10 compel independence in
both organization and conduct. They
should be so clear that the business world
can understand them and so confidently
forward guided by them"
After analysis of several opinions Of the
Supreme Court in trust cases. the report
saws:
The fair conclusion is that IL is now the
settled doctrine of the Supreme Court
that only undue or unTeasona BILE re-
straints of trade are made unlawful by
the antitrust act. and that in each in
stance il is for the court TO determine
whether the established restraint of trade
Is due restraint or any undue restraint.
Whatever may be the opinion of the
several members of the committee with
respect 10 the soundness of the rule as
nov established, the committee, as a
whole. accepts ID as the present law Of
the land. IL is profoundly convinced that.
n view of the rule and its necessary ei-
feet upon the business OF the country, the
Inherent rights of the people and upon the
execution of the statute il has become
Commenting on the decision Of the SUI
preme Court in the Standard Oil case. in
which the rule OF reason" was called in,
tho report. written by Senator Cummins,
SAYS:
The committee has full confidence in
the integrity, Intelligence and patriotism
of the Supreme Court of the United
states, but il is unwilling 10 repose in tina,
court. or any other court, the vast ana
urdeNned powers which IL must exercise
iu the adninistrati ton of the statutes ur-
der the rule which ii has promulgated, II
substitutes the court in the place OF Con
cr-ss. for whenever the rule is invoked
The court does not administer the law, out
makes the law. II II continues IN force
The federal courts Will, so far as restraint
Of trade is concerned. make common
law for the United States. Just as the
English courts have made common law
for England
The report sets forth that the people OF
this country will not permit the courts to
declare a policy for them, and adds that
A. the antitrust law is now construed, IL
Is impossible for any association OF men
10 know whether what they are doing, or
are bout 20 do, will be found by the Su-
vreme Court to be a due or an undue re-
straint Of trade"
In the rush Of the closing days OF the
Congress the report was received with 1T
tie displav of interest, the trust question
for q moment. having given way 10 the
col sideration Of more pressing problems.
II is not regarded as the final dictum OF
the Republicans in Congress nor an eX-
preston Of general policy.