The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1913-02-27
SHERMAN LAW TOO VAGUE
Recommends Law to Define Ex-
actly What Combinations
Are Lawful
WANTS STANDARD FOR BUSINESS

Washington, Feb. 2G-The supreme
courts so-callcd modification of the
sherman anti-trust 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 by the Interstate commerce
committee today, which points out the
dangers of uncontrolled and unguid-
eel judicial discretion" and makes en-
Thatic ucuand for amendments to the
sherman law to remove from the
courts The power 10 determine what
are reasonable" restraints of trade
The report is the result of the com
mittec5 long Investigation into the
operation of the antitrust law The
committee recommends new laws to
define exactly what combinations are
unlawful. SO that both the business
interests aud the courts will have Il
recommends = federal Interstate cor
poration commission. with power 10 !
supervise corporations. pass on and (
approve combinations ana agreements
and take over the work of dissolvug
Illegal corporations, such as the
STANDARD oil company or the Amer
lean Tobacco company
(, Z
the supreme court in the STANDARD oil
case IN which the "rulc of reason"
was called in, the report, written by
Senator Cummins says.
Too Much Power for Court.
The committee has full confidence
in the Integrity. Intelligence and pa
triotism of the supreme court of the
United states. but 1t is unwilling to-
reposc In that court. or amy other
court tie vast aud underlined powers
which IT. must exercise In the admin
istration of the statutes under the
rule which II was promulgated. " sub
stitutes the court in the place of Con
gress, for whenever the rule is invok-
ed the court does not administer the
law, hut makes the law. If il con
iinuos in force the federal courts
viii, 50 far as restraint of trade is
concerned, make a common law for
the United states Just as the English Z
courts nave made u common law for I
England
The PEOPLE of this country will not
permit the courts to declare a policy
FOR them with respect to this subject
" we 60 not promptly exercise our
legislative power the courts will suf-
fer immeasurahIc injury in the loss
of that respect and confidence so es-
sential 10 their usefulness II is incon-
ccivable that In n country that is
governed by n written constitution aud
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 To approve.
Too Much Uncertainty. =
As the anti-triist statute is now
construed" adds the report. ~ is inn y
possible for any association of men, y
however, dligent they may be in seek
ing advice and however. willing To fol ~
lew IL. TO know whether what they ="
are doing, or what they are about to -
lo, will be ultimately found by the -
supreme court Ia he - due or an un- :"
lue restraint of trade
In the further criticism of the SUI -
premc courts rule of reason" the ~
'ummns report directs attention Ia ~
he fact that the governments suit ''
or dissolution of the United States .
Seel corporation will ultimately come =
,cfore the supreme court. -
'In the end, nine Justices of the su
,reme court will he asked to say
\ neither the restraint of trade brought w w
bout through this computation Is =
iuc or undue restraint" says the re- vi
'ort, and the answer each Justice w
makes To that question will depend go
n his individual opinion as an econ er
mist or sociology, the conclusion of We
he court being an act OF the legisla- TN
ion passed by the judicial branch
4 the government to any particular m'
ase. Co
'lt we do not speedily prescribe In po
- Tar as we can. "A legislative rule by SCI
'hich 10 measure the form of contract re-
T combination in restraint of trade mi