New Britain herald., 1914-08-12
HARVESTER COMPANY ORDERED DISSOLVED
 BY DISTRICT COURT
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(Continued from First Page.) pear who his principal was, whether '. F. Morgan & Co.,, George w. Per kins, or the Mccormick Harvesting Machine Go. He did it, however, at the direct instance of the Mccormick Harvesting Machine Co.,, but whether he was acting as principal or agent is left in some doubt.
 The Real Question.
 The real question is whether the combination of the companies was Illegal in their beginning or became so with the additions subsequently made"
 The court quotes parts of Section 1 and of the Sherman law, and as- serts that the statutes must be con- strued in the light of reason. He then quotes from the decision of the united States supreme court it's de- c1s1on as to the rule of reason in the case of the United States against the American Tobacco Co.
 We conclude that the Interna- tional Harvester company was from the beginning in violation of the first and second sections of the Sherman law, and that this condition was ac-
 
 the America company and by the sub sequent acquisitions of competing plants, and that all the defendants subsidiary companies became from ein1e to time paties to the illegal combination, and the defendant com panies are combined to monopolize a part of the interstate and foreign trade.
 Dissolution Is Ordered.
 "It will, therefore, be ordered that the entire combination and monopoly be dissolved, that the defendants have ninety days in which to report to tne court plan for the dissolution of the entire unlawful business into at least three substantially equal, separate, distinct and independent corporations with wholly separate owners and stockholders, or in the event this case is appealed and this decree superseded, then within ninety days from the filing of the proceden- do or mandate from he supreme court, the defendants shall file such plan, and in case the defendants fail to file such plan within the time limit, the court will entertain an applica- tion for the appointment of a receiver for all the properties of the corporate defendants, and Jurisdiction is re- tained to make such additional de- Srees as may become necessary to secure the final winding up and dis solution of the combination and mo- nopoly complained of and as to costs.''
 Judge Hook Concurs.
 Judge Hook, concurring, says:
 ''The International Harvester com- pany was created by combining five great competing companies which 'controlled more than eighty per cent. of the trade in necessary farm imple- ments and it still maintains sub- stantial dominance.
 That is the controlling fact; all else is detail.
 Ut may be, as is said, that there is a growing recognition of the need of great concentrated resources for trade and commerce. But that is not the Sherman act.''
 Judge. Sanborn Dissents.
 Judge Sanborn, in dissenting said:
 'The controlling issue in this case is not what combination or(mo onopoly was made in 1902. 1903 or 1904, nor whether that combination violated the antitrust law. It is were the de- fendants in 1912 doing or threatening to do acts unreasonably restraining or monopolizing interstate or foreign trade. Sections one and two of the anti trust law forbid combinations and mo- nopolies in undue restraint of inter- state or foreign trade. Section 725 of the revised statutes bars prosecu- ton under these acts for such viola tion three years after they are com 7nitted. If, therefore, combination or monopoly was made in 1902, 1903 or 1904, the proceedings to punish were barred many years before this suit was commenced.'
 New Case Under Law.
 In concluding, Judge Sanborn said that to him the suit seemed to pre- sent new case under the antitrust law.
 "In my opinion this complaint should be dismissed without prejudice to the right of the United States to bring another suit if any of the de- fendants is found to be violating the antitrust statute.''
 Will Take Appeal.
 Chicago, Aug. 12.-The Harvester case will be taken to the supreme court of the United States as soon as possible according to a statement