New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-01-31
ISAILS WILSON
and Els POLICY
ON BIG BUSINESS
e.tabrook Stirs City Men
'stLawyerS' Luncheon
for Gov. Whitman.
cuIS SHERMAN ACT
COLOSSAL BLUNDER
hectares II a Blight on En-
terprise and Maker of
Fake Crimes.

| a NJ III AhtANOs
,.v.rs attack on the Wilson sd-
.,,,raton's trust prosecutions was
-, By Henry D. Estabrook. lawyer,
.,,r5sy afternoon At = luncheon
in the Lawyers Club, 1l5 Broad
IN honor Of Governor Whitman.
=. Governor had been warmly
.,i,sd FOR his work when District
zane BY Joseph II. Choste and
80, and he had finished his brief
- Of thanks when Mr.. Estsbrook,
:. si., years counsel for the Western
"a, Telegraph Company and once
-,-ney for William Jennings Bryan,
I, called on for the closing address.
l.yinc out Of consideration all mat
.,frol.ce: laws creating, or perhaps
sosld say. recognizing, class distinc-
-. among our citizens he said,
4, maternal efforts Of government 20
$, the INDECENT. the ignorant, the
.,-ovident and the incompetent, IN
GOV respects commendable and of
,,,A,snt promise; laying out Of con
,s,ation ell such measures, for exam
81, .Nr Jutermyer base been advo-
,e,e with bis usual acumen and per
-.,s,7. there remains the paramount
.,rsbsto~inc fact that the law mer-
..s-t as SHOWN to Us for more than
.,, hundred years. has been stood on
d. les6. and that the merchant in pro-
~, persora finals himself pretty much
,be same attitude And in this atti-
-se. so favorable for rumination, he
.,s been doing some tall thinking, and
f, bound 20 put his fellow citizens a
~ pertircnt. and possibly impertnent.
i.sT,ogai9rics.
Ian Alone to Blame.
y use the word merchant. o. course.
rs comprehensive and common law
s-ss. tru.fed bv tho words business
md commerce. have tried 10 induce
e myself the merchants frame OF
-,n6. without sharing his topsy-turvy
outlook or bis rush or blood 10 the
Fad. and J wish 70 ask you IN ell
seriousness: Has there ever been any
ncuniaiy failure. mlsadventure or dis
appointment !u your own business ca
se which on analysis you cannot trace
% any shOrtconing in yourself-either
-oral, mental or temperamental?
II so be. Can you po.ot ont 10 your
.sf or 20 others Just wherein the laws
nd Institutions of YOUR country were
Il fault? i you can, have such laws
4. sry time or from time 60 time been
-enedied 20 your satisfaction? Do you
.tirk that the law merchant a. now
capitalized ia codes and statutes is so
Superior 90 the elasticity Of the com
non law 20 meet individual cases that
D1 know heuceforth just what you
and al others may legally DO or not do,
ard that your haudicaps 20 success
fave been lowered or altogether re-
19ved'
"When the so-called Sherman act
,-t came before the Supreme Court
O. the United States for judicial in
appreciation four Of the justices,
im0rg them Justice White, declared
hat the &C, should be interpreted with
fiefeuce 90 the common law, that r.
% sby. 500 the light of reason, IN which
ass The facts admitted by the demur-
iU would not have constituted an uh-
tasonsble restraint of trade and the
continuation complained Of would not
ave been Illegal.
Five Of the Justices declared tina;
ne aci was intended 20 metamorphose
he common law. and must be con-
rrued literally. though tho heavens
.ll And, OF course, the majority
'..se.
Colossal Blunder Of Court.
This ruling. in my humble opinion
iid with all Difference, was one OF the
'sg colossal blunders ever committee
By that great tribunal. for, taken IT.
snlly, the Sherman act is a blight on
st,erprise--a manufacturer OF crimes
siihout turpitude, a remedy worse
han any disease IL was supposed 10
2liliate. But the act thus Interpreted
sts seized upon by certain patrols
md purigts 10 attack the great busl-
Ness interests Of our country; 70 un-
'sramble eggs with what souihe Dad!
.gsiard result you are all familiar.
Merchants By the wholesale, iearIui
J! a eataclysm, fastened 20 nolo con-
sndere 10 indictments against them
10 merchant dare speak with has en-,
my IN the gate or obey the ScrpturaI
riuretion 10 agree with his adversary
luickly, much less deliberately, with,
10, being guilty Of q conspiracy ana
innded es a bandit and an outlaw
"Now. Cicero long abo declared thai
.Itreme alw Is extreme injustice; ano
be Sherman act, together win me
numerous progeny begOtten by IT, TN.
extreme law is extreme injustice; and
oasness Is still PROSTATE peioIe -
bit let me ask you:
DO you believe that American mer'
.tsnts Of to-day are more wicked by
ls,ure than the English merchants
IGNORED by Lord Manshelds conn
leaee.
DO you believe that the ipsi dix
mat Of legislature can make d
'ood man bad? -
Aren't you tired Of statutory
'fimes1
Does e not grieve you 20 see whole
'l.0ons Of our merchant princes, men
shom we are proud 70 know, who nave
lied the commercial world with the
tme OF our achievements 10 see IheH'