Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1914-06-09
harvester CUSTER
upheld By court
SUPREME COURT DECLARES
MISSOURIS ANTI TRUST
LAW is VALID.
Kentucky Law Invalid Because
1t Exempted the Tobacco
Pools in That State.

WASHINGTON, June s. Missouri y
antitrust laws attacked as uncon-
stltutional because they exempt labor
combination were uuheld today by
the supreme court. At the same time
the Kentucky antitrust statutes were
annullcd because OF the endeaNor or
the commonwealth to exempt tobacco
pools from their operation.
As a result Of the decisions the judg-
ment of the Missouri supreme court
uusting from the state and filming the
international Harvester company OF
America Of $4,000 for being mem
Der of a trust" was affirmed, while
the action Of various Kentucky coun-
ties for penalties against 10 same
company for being a member OF
trust" was reversed.
The decisions do not affect the ac-
ton Of the federal government against
the International Harvester company
under the sherman antitrust law.
The language Of Justice Mckenna in
delivering the Missouri opinion m re-
sard TO trusts with good Intentions
was REGARDED in some quarters as a
warning to organizations self-styled as
good trusts" but on the other hand,
]
ests welcomed the Kentucky opinion
of Justice Holmes as showing the law
| had no favorites
Justice McKenna said that it was
too late TO assert that a state could
not prohibit combination Induced by
good intentions and which had some
good effect
This was his answer 30 the arGu
ment by the harvester company that
| il had reduced the prices OF machln-
cry to farmers
The Justice considered at length the
| contention that state could not class
/ ifv restraints SO as to apply 10 those
who sell articles and not TO those VINO
ere engaged in labor pursuits or pur-
/ chase articles and to thOse who are
/ engaged I'm labor pursuits or pur-
chase articles. Such a lack Of classi-
| fication. he said. would lead the states
| TO sorry straits.
Under the principle as contended
| for" said Justice McKenna, the
combination of all the greatest IN
duStrial enterprises (and why not rail-
roads as WclD could not be condemned
unless the law applied as well 10 the
combination of maid servants or to
| infants nurses. whose humble func-
/ Tons Dltt4NUt tllfillNf f'lI'''Ail' tl''i''''
lie added that classification was
proper So long as the classification
was made with regard for the evil 10
| be cured Tho court condemned the
/ Kentucky statutes because those laws
made It unlawful - enhance or de-
press prices Of commodities above or
/ below the real market value Tn"
court held that 1t was beyond human
/ ingenuity to determine what the rea !
market value Of commodity was and
/ hence the law was beyond the power
! of a state TO enact
IF business it to go on he con =
cluded. "men must unite to do 1t and
must sell their wares. To compel
them to guess on peril OF Indictment
what the community would have given
/ for their wares If the continually
! changing conditions we're other than
they are. 10 divine prophetically what
! the reaction " only partially deter
mined facts would be upon the lmagl-
nation and desires Of purchasers Is
TO exact gifts that mankind does not
/ posspes' -