The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1914-01-18
TRUST LAW CHANGES.

In an effort to abolish the "rule OF
reason" the administration has de-
cided to amend the Sherman antitrust
law. We are informed that by insert.
ing the words "ip any degree, the
administration expects TO accomplish
its object The dispatches from Wash.
ington state that these words will be
inserted In section 9 because the su-
preme court applied the "rulo Of rea.
son" while discussing that section. By
this amendment IL will become unlaw-
ful to monopolize, or attempt to mouop-
olize, OF combine, OF conspire with any
other person or persons to monopolize
lin any degree" any part of the trade
or commerce among the several states
or with foreign nations.
It may be that the dispatches do not
contain all Of the amendments. The
Sherman antitrust law is directed not
only against monopoly, but against re-
straint Of trade. Section Q declares
monopoly illegal Sections / and do
clare restraint of trade illegal. It would
not seem out Of tho way to inquire,
therefore, why the words "in any de-
gree' have not been interpolsted in
sections and 8. The fact that tho su-
preme court did not apply the "rule of
reason" TO sections l and would not
seem to be valid contention, because
the arguments which warranted the ap-
pGcation Of the "rule Of reason to
section will warrant the supreme
court In applying 1t TO sections and 3.
Is 1t possible, on tho other hand, that
the Democrats have come round TO
Chief Justice Whites views with refer.
euee to the "rule of reason" as ap.
Piled to restraint of tradei Do they
consider that there can be a reasonable
and therefore justifiable restraint of
trade3
Representative Stanley Of Kentucky.
who introduced the amendments after
conference with President Wilson, said
that he had always regarded the "rule
Of reason" as unnecessary TO the deci-
sion In the Standard OIL case, and there
fore not the law. In other words, ii
Was, in his opinion, obiter dicta. The
amendment, therefore, is designed 10
prevent the supreme court from doing
something that has not yet been done
1t is designed to frustrate any attempt
by the court TO mako a certain ruling
rather than to eliminate a ruling al
ready NADIA
Another amendment gives any per
sou injured IN his business BY monopoly
or restraint Of trade the right to bring
suit In equity IN any district court in the
United States in which the defendant
resides or is found in order to prevent
and restrain violations Of the law and
for other relief. In the same amend.
ment ve find the "rule OF reason -
again referred 70. In this connection
the amendment provides that call evi.
denee showing OF tending TO show that
sueh restraint was partial or that &
was not undue c- unreasonable shall be
admissible for the purpose Of determin-
ing the quantum OF damages or the
character OF the punishment 70 be in
flicted, and for any other" That is
to say, the question Of reasonableness
CT unreasonableness shall be considered
merely for the purpose OF measuring
the damages to be assessed, and not
for the purpose Of determining whether
the law has been violated.
The Sherman bin was introduced by
John sherman, senator from Ohio. in
1889. On April Q, 1900. Senator Ed.
munis reported back The original sher.
man bill. aud al It's amendments, &c.
companieA by new substitute for ali
of them That substitute was written
by Senator George F. Hoar, and was