Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-06-04
UNITED STATES COURT IN NEW
JERSEY SAYS COMPANY Is
NOT TRUST.
COMPETITION or REAL
cALIBER DECLARED TO EXIST
No Throttsiins - Weak Concerns
shown-Tsnnssss Sale Said to Have
Been Legitimate Transfer Of Car.
neais Stocks and Bonds-u. 8. Off.
Gals Greatly surprissd- Appeal.

Trenton, N. J., Juno 4.-The United
States district court for New Jersey
yesterday handed down q unanimous
decision refusing the petition OF the
federal government to dissolve the
United States Steel corporation.
AS against the government the court
refused to dissolve the corporation.
holding that In acquiring its foreign
and home trade the concern did not
violate the Sherman antitrust act and
refused all the injunctions prayed for
by the department Of justice.
AS against the steel corporation, the
court held that the committee meetings
participated in by SO per cent of the
steel trade Of the country, including the
steel corporation, subsequent to the IA
nous Gary dinners Of eight or nine
years ago. were unlawful combinations
to control prices; but as these meet
ings had stopped before the govern
; ment. filed it's complaint in October,
1911. the judges held that there was
no occasion for an injunction.
Gives Monopoly Test.
The opinion Of the court suggests
that such practices lie within the
province Of the ned federal trade
commission, but adds that If their
repetition Is apprehended the court
will, on motion of the government, re-
tain jurisdiction of the case for that
particular purpose.
A synopsis Of the decision OF the
senior judge, Joseph J. Burlington, pre-
pared by direction of the court, states
that the keynote of the entire opinion
is that this case. a proceeding under
the Sherman antitrust law, Is largely
one of business facts.
In another part of the opinion the
court states that the real test Of
monopoly is not the size of that trade
which Is acquired. but the trade power
of that which is not acquired.
IF mere size were the test Of mo-
nopoly and trade restraint" the court
further on said, I'VE have not one, but
half dozen, unlawful monopolies In
the large department stores Of single
city"
The court found nothing wrong in
the street corporation acquiring the
Tennessee Coal and Iron Company
| during the finacial panic of 1907. and
thus virtually approves the attitude Of
! the Roosevelt administration In not
| interfering with that deal.
acarnsais Only Bond Seller"
With regard to Andrew Carnegie.
whom the government charges was
party to the unlawful combination"
and took the bonds Of the corpora
ton with all the infiirmities attach
ing to such participation" the court
found that there is no proof that he
oo,an4od opv othor relafion in the for.
nation of the steel corporation than
that Of seller OF his stocks and bonds.
-Four judges, Burlington. MCPHERSON.
Hunt and Wooley sat in this case.
While the suit was filed in the district
petition by the judges Of the Third
appeals. The next step in the case
will be the fling Of q formal decree
and the government will probably then
taken On appeal to the supreme court.
The suit was instituted by the Taft
administration and was prosecuted for
the government by Jacob NJ. Dickin-
son. former secretary Of war. as chief
counsel.
STUDIED All Phases Of Trade"
After quoting the testimony both Of
the steel company's competitors and
Of consumers using It's product, the
court holds:
I'VE have carefully and patiently
studied the voluminous testimony bear
ing, on the general course Of all
branches of the steel trade covering
the whole time the steel corporation
has been engaged in such trade. The
testimony covers proofs by Its manu-