The Barre daily times. (Barre, Vt.) 1897-1959, 1913-02-28
SCORE JUDGE
MADE LAW
Supreme Court "Rule OF
Reason" Decision Is
Criticized
SENATE AGAINST
THE TRUST ACT
Committee Wants Commits
sion To Determine "Rea-
sonable" Restraint

Washington, Feb. 2S.-The supreme
court's so-called modification of the
Sherman antitrust law to invoke "thc
rule of reason" in decisions upon re-
straints of trade is attacked in vigorous
terms in a report presented to the Senate
by the interstate commerce committee
yesterday which points out the dangers
of uncontrolled and unguided judicial
discretion" and makes emphatic demand
for amendments to the Sherman law to
remove from the courts the power to de-
termine what are reasonable" restraints
OF trade. The committee recommend,
new laws to define exactly what combi-
nations are unlawful, so that both the
business interests and the courts will
have standard upon which to proceed.
1t recommends federal interstate cor
poration commission, with power to
| supervise corporations, pass on and APP
prove combinations and agreements, and
take over the work of dissolying illegal
corporations, such as the Standard OIL
company or the American Tobacco COM
pany. 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:
"The committee has full confidence in
the integrity, intelligence and patriotism
of the supreme court of the United
States but it is unwilling to repose in
that court, or any other court, the vast
and underlined powers which it must ex-
ercise in the administration of the stat
utes under the rule which it has promul
gated. 1t substitutes the court in the
place Of Congress, for whenever the rule
is invoked the court does not administer
the law, but makes the law. If it con-
tinues 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 a common law for England. 1t is
that in country that Is |
governed by a written constitution and |
statute law that the courts can be per-
mitted to test each restraint OF trade by |
the economic standard which the in
iividual members of the court may hap |
pen to approve. As the antitrust stat
ute is now construed it is impossible Tor
any association of men however diligent
they may be in seeking advice and how
ever willing to follow it, to know wheth-
er what they are doing or what they are
about to do will be ultimately found by
he supreme court to be due or an un-
iue restraint of trade
In the further criticism of the supreme
,ourt's "rule of reason" the Cummns re-
tort directs attention to the fact that
he governments suit for the dissolution ,
# the United States Steel corporation .
will ultimately come before the supreme
curt.
I'm the end nine justices of the
upreme court will be asked to say
whether the restraint of trade brought :
bout through this combination is due
T undue restraint" says the report, !;
and the answer each Justice makes to
hat question will depend upon his in
ividual opinion as an economist or So
iologist the conclusion of the court
eing an act Of legislation passed by the !
ldicial branch of the government to fit I
particular case. If we do not speedily
rescribe, in so far as we can, legisla !
i've rule by which to measure the form Z
+ contract or combination in restraint 7
trade with which we are familiar, or 4
-hich we can anticipate, we cease to be
government of men; and, moreover, of I,
very few men and they appointed by !;
ne president"
The committee urges Congress to de- I,
ise laws as quickly as possible which !.
lall specially prescribe certain condi- !,
ons upon which persons and corpora 4
ons shall be permitted to engage in !: