Fulton County tribune. (Wauseon, Ohio) 1883-1925, 1915-06-11
U. s. STEEL VICTOR
FEDERAL COURT AT TRENTON, N.
!, RULES CORPORATION
NEED NOT DISSOLVE.
SUIT FILED FOUR YEARS AGO
Two Opinions Are Filed by Judges
Volume Of Business Done Held by
Tribunal TO Be No Test Of What
Constitutes an Illegal Pool.

SNbS ~
Tribunal to BE No Test Of What
Constitutes an Illegal Pool.
Trenton, N. j., June 5.-The deci-
poration suit filed in the United States
district court here on Thursday holds
that the corporation should not be dis
solved. The principal points in the
decision are:
IL refuses to issue any injunction.
II holds the foreign trade of the
Steel corporation Is not a violation of
the Sherman law.
1t holds certain price fixing agree
ments which followed the Gary din
ners. but which stopped 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 practices are re-
newed, but suggests matters may now
be controlled by the new trade COM
mission.
The suit against the United States
Steel corporation vas filed October &c.
1911, during the aft administration
and was started BY George w. Wicker
sham. who was encouragement.
The opinions. two in number, are
largely q discussion Of whether the
steel corporation monopolized the
steel trade OF dealt unfairly with COM
petitors or purchasers.
This case. a proceeding under the
Sherman antitrust law, is one largely
OF business facts" says the opinion.
Il declares all the trust cases so
far determined settled down to this.
that only such combinations are with
In the Sherman act as by reason OF
the intent of those forming them or
the Inherent nature of their contem.
plated act wrong the public by unduly
restricting competition or unduly OBJ
~structing the course of trade.
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.
With the completion Of the Erie
canal. Lake Superior ores can be
0AOuSnt NncapcI W VIEW IOIh udIDOI
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
pres a be delivered in Philadelphia
at one-half the cost OF Lake Superior.
Facts and figures show that there
Is no possibility OF Lake Superior
ore monopoly.
The Cambria Steel company presi-
Gent. the opinion said, showed that the
United States Steel could put it out of
business.
James r. Garfield, former secretary
OF commerce. according to the opinion,
showed the Steel corporation got no
freight rebates.
There were two opinions filed In
the case. Judge Burlington wrote the
opinion which was c%oncurred in by
the other three judges. Judge Wool
ley also wrote an opinion coincidins
oh the views Of Judge Burlington
md this latter opinion was ~concurred
% by Judge Hunt, now sitting in the
|pited States court in New York city.
Other points in the decision are:
"The field OF business enterprise IL
the steel business Is as open to and
being as fully filled by the competitors
OF the Steel corporation as 1t Is BY
that company.
No testimony has been produced II
this record that a return to the ole
trade war system of ruinous competi
ton would. as a matter Of fact, bene
mt the public interests.
In taking up this question we dis
miss once and for all the question o.
mere volume or bigness of business
The question before us Is not how
much business was done or how larg,
the company that did IT.; the vita
question Is, how was the business
whether big or little. done; was II
in the test OF the supreme court. don,
by prejudicing the public interests. b.
unduly restricting or unduly obstruct
ing trader The question is one Of un
due restriction or obstruction and no
of undue volume OF trade.
III mere size were the test q
monopoly and trade restraint, We hav,
not one, but half a dozen unlawfu
monopolies in the large department
stores OF a single city.
"A study Of these proofs satisfies
us that the United States Steel corpor
alton could not have been formed IN
less the minds Of two men had unite,
In a common purpose. These two mel
were J. Pierpont Morgan and Andrev
Carnegie"
Undoubtedly It will be appealed I
the Supreme court Of the Unite
States. because the government woul
be unwilling to leave such question
as we're raised unsettled except by tn
highest court In the land.