The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-03
IT WILL NOT Be DISSOLVED
Foreign Trade Does Not Violate
Sherman Act.
Suit Filed by Wickrsham I'm.
der Taft Rule.
WASHINGTON WILL APPEAL
Action Most Important Trust
Fight Yet Waged.

Trenton, June 3.-The decision in
the United States Steel corporation
suit was filed in the United States dis
trict court this afternoon and the de-
cision held that the corporation should
be dissolved.
The principal points in the decision
are:
1t refuses to issue any injunc-
ton.
1t holds the foreign trade of the
steel corporation is not u VIOLA
ton of the Sherman law.
Ii holds certain price fixing
agreements which followed the
Gary dinners, which stopped be-
fore the bill was filed, to have
been unlawful.
1t allows the government to
move to retain Jurisdiction of the
bill if such price-fixing practices
are renewed. but suggests mat
tiers may now be controlled by
the new trade commission.
The opinions, two in number, are
largely a discussion of whether the
steel corporation monopolized the
steel trade or dealt unfairly with COM
petitOrS or 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
determined settle down to this, that
only such combinations are within the
Sherman act as by reason of the in
tent of those forming them, or the in
herent nature of their contemplated
act, wrong the public, unduly restrict
ing competition or unduly obstructing
the course of trade. 1t further holds
the questions of fact for the court to
determine whether, when the bill was
filed, the steel company were unduly
restricting competition or unduly OBJ
structing trade in the home market;
,Aw-s- .eaff
ton or unduly obstructing trade in 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,
that when the bill was filed, the COM
petitors of the steel company were
doing 60 per cent of the county's steel
and iron business.
Test of Monopoly.
The test of monopoly, the opinion
says, 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 cor
poration was formed, it has increased
it's business about 40 per cent. Nine
great competing steel companies have
increased theirs more, the lowest 63
per cent, the highest 300 per cent.
Filed by Wickersham.
The suit against the United States
Steel corporation was instituted at
Trenton, October rs, 1911, during the
Taft administration, and was started
by George w. Wickersham, who was
attorney general at the time. Prior
to the filing of the action, the corpor-
alton had been under investigation
several times. The federal bureau of
corporations under different admins
trations delved into the operations of
the concern and a congressional COM
mittee headed by Representative A
o. Stanley of Kentucky Investigated
the alleged trust In preparing the
case for action the department of JUS
tice had the benefit of all these inves-
legations
The testimony, exhibits. briefs and
written and oral arguments were ex-
ceedingly voluminous. The examiner
in the case sat 165 days in nine diff
ferent cities and heard 400 witnesses
The testimony made up Sc volumes
containing $1,000 printed pages.
There were more than 1,750 pages of
printed arguments aside from the VOL
luminous answers filed by the many
defendants, and the oral arguments
filled more than 1900 typewriter
pages.
The defendants named and the orig
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