The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-06-04
OPINION SAYS 1T Is NOT IN
RESTRAINT OF TRADE
AND NOT A TRUST.
Does Not Violate Sherman Law
Opinion Unanimous-Gov-
ernment to Appeal.

TRENTON. y. j.. June 3. - Tne
united states district court for New
Jersey today handed down a unani-
nous decision refusing the petition OF
tne federal government to dissolve the
united states Steel corporation
As against the government the
court refused TO dissolve the corpor-
auop. holding that in acquiring its
foreign and home trade the concern
did not violate the sherman antitrust
act. and refused all the injunctions
prayed Tor by the department OF
As against the Steel corporation.
the court held that the COMMITTEES
meetings participated In by g5 per
cent. OF the steel trade OF the coun-
Try. including the Steel corporation.
subsequent to the famous Gary din
ners OF eight or nins years ago were
unlawful combinations ts affect
traue, but as these meetings had stop
PEG before the government filed ITS
complaint. In October. 1911. the judges
held that there was no occasion Tor
an Injunction.
The opinion Of the court suggests
that such practices lie within the
province OF the new federal trade
comnession, but adds that II their
repetition is apprehended the court
VIII, on motion of the government.
.ethn jurisdiction OF the case Tor
A synopsis of the dicesion OF the
senior judge. Joseph Burlington, pre-
pared by direction OF the court. states
that the keynote OF the entire opin-
Ion Is that This case. a proceeding
un1eT 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 in the size OF that
which Is acquired, but the trade pow
er or that which is not acquired.
III mere size were the test OF mon
opoly and trade restraint" the court
further on said, I'VE have not one.
but half dozen unlawful monopoIies
single city"
Found Nothing Wrona.
Tue court found nothing wrong in
the Steel corporation acquiring the
tennessee Coal & Iron company dur
ing the financial panic of 1907 and
this virtually approves the attitude
OF the Roosevelt administration in not
interfering with that deal On this
point the court held that the output OF
Tennessee at the time was only IL
per cent OF the country's output; that
up 10 that time IL had not been a
business success; that its principal
product, rails. was made at loss:
that It's ultimate success was doubtful
and involved a further outlay OF S25.-
900 900. and that the purchase of the
tennessee property. as well as that
or several other steel concerns earlier
In the history of the big CORPORATION.
was made In fair business course and
was the honest exertion Of ones right
TO contract for ones benefit. unaccom.
panied by a wrongful motive 10 injure
others"
With regard to Andrew Carnegie.
Whom the government charged was a
In ha Frrsnn Il a.
and took the bonds OF the Corporation
with all the infrmities attaching to
such participation" the court found
that there Is no proof that he accepted
any other relation In the formation OF
the Steel corporation than that OF
seller OF his stocks and bonds. and the
court declared TO be true Mr.. Car
negie's statement that he disposed OF
his Interests I'm a desire TO retire from
the hazards and responsibility OF ac-
tive business.
Government May Appeal.
Four judges, Burlington. Mcpherson.
Hunt and WOolley. sat In the case
While the suit was filed I'm the dis
trict court. IL was heard on a writ of
expedition by the judges OF the third
judicial circuit who form the court
OF appeals. The next step In the case
VIII be the hlinE Of a formal decree
and the government Will probably then
take an appeal 20 the supreme court
Judge burlington wrote the principal
opinion and Judge WOOlley wrote a
concurring opinion In which Judge
Hunt concurred. The court stated
that "Al the members OF the court
are In agreement a. 20 the decree that
viii be entered although they are not
In complete accord concerning every
step by which that result is reached
The opinion Of Judge Burlington COW
ers $50 pages. u was fled here and
abstracts were given out In Trenton
and In the United States court al Phila-
delphia where the case was heard
The suit was Instituted by the Taft
administration and was prosecuted for