Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-06-04
GOVERNMENT IS
BEATEN IN COURT
BY STEEL TRUST
United States District Court at Tren-
ton Holds Great Corporation
Need Not Be Dis
solved.
In INJUNCTION IS REFUSED
Foreign Trade of Company Declared
Not to Be in Violation of the
Sherman Law.
PRICE FIXING RULED ILLEGAL

TRENTON, N. j., June a.
The decision in the United States
Steel corporation suit was filed in
the United States district court
this afternoon. II held that the
corporation should not be dis
solved. The principal points in
the decision are:
1t refuses to issue any injunc-
ton.
It holds the foreign trade of
the steel corporation is not vio-
lation of the Sherman law.
1t holds certain price fixing
agreements which followed the
/ Gary dinners, but which stopped q
before the bill was filed, to have
been unlawful.
1t allows the government to
move to retain jurisdiction of the
bill II such price-fixing prac-
tees are renewed, but suggests
matters may now be controlled by
the new trade commission.
What Opinions Are.
The opinions twoin number, are largely
a discussion whether the steel corpora
ton monopolized the steel trade or dealt
unfairly with competitors OF purchasers.
The opinion says:
This case, a proceeding under the
Sherman antitrust law. is one largely
of business facts"
1t says all the trust cases thus far de-
termined settle down to this. that only
such combinations are within the Sherman
act as by reason Of intent OF those form
ing them. or the Inherent nature of their
contemplated act. wrong the public by
unduly restr6ting competition or unduiy
obstructing the course of trade. It
further holds the questions of fact for
the court to determine whether. when
the bill was filed. the steel company was
unduly restricting competition or unduly
obstructing trade In the home market.
Whether II was restricting competition
or unduly obstructing trade In the for
eign market; and lastly. had the steel
corporation these objects In view when it
was formed in 1901? The opinion holds
the proofs show. when the bill was filed,
the competitors of the steel company
were doing 90 per cent of the country's
steel and iron business.
Not size hut Power.
The text OF majority opinion says it is
not the size of that which is acquired.
but the trade power Of that which is not
acquired. In the ten years since the steel
corporation was formed 1t has increased
its business about 20 per cent Nine
great competing steel companies have
increased theirs more, the lowest one S3
per cent, the highest 800 per cent.
With the completion OF the Erie canal.
Lake Superior ores can be brought
cheaper to New York harbor than TO
Pittsburgh. This means. the opinion
says, blast furnaces on New York harbor
waters. On the basis of the actual iron
units in ore, Cuban ores can be delivered
in Philadelphia at one-half the cost of
Lake Superior.
Facts and figures show that there IL no
possibility OF Lake Superior ore monop-
oily.
The Cambria Steel company president,
the opinion said, showed that the United
States Steel could not put It out Of bus
tness.
James r. Garfield. former secretary of
commerce. according to the opinion,
showed the Steel corporation got no
freight rebates.
Two Rulings I'm Case.
There were two opinions filed IN the
case. Judge Burlington wrote the opinion,
which was concurred in by the other three
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