New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-04

Testimony Of Colonel Roosevelt that he
had not interfered with the purchase
OF the Tennessee plant as means OF
avcrting the panic Of 1907 was cited,
and the court further stated that the
Hill ore leases were surrendered be-
fore the bill was filed.
As to the Gary dinners and tie meet
ings Of manufacturers subsequent
thereto. the court says:
Freedom Of speech and freedom Of
individual action are justly priced in
American society, and no legislation
forbids men 20 come together and
speak freely TO each other about every
detail of their common business. And
if each individual should choose TO an
nounce at such meeting the price he
intends 10 charge for his wares, we are
aware Of no law that forbids some so
to do. But at this poirt we approach
debatable ground, for an individual is
permitted to do some things that are
denied 70 an association OF indivld-
uals.
'TO our minds the testimony taken as
a VI hole makes the conclusion inevitable
that the result of these meetings was
an understanding about prices that was
equivalent to an agreement. We have
no doubt that among those present
some silently dissented and went away
intending TO do what they pleased.
But many, probably most of the par
Elephants, understood and assented TO
the view that they were under some
kind of an obligation to adhere TO the
prices that had been announced or de-
clared as the general sense of the
meeting. We cannot doubt that
such an arrangement or understand
ing, or moral obligation, whatever
name may be the most appropriate,
amounts to a combination or common
action forbidden by law. II is
only fair to add that in our opinion
the participants in this movement did
not intend to act Illegally. No doubt
they did intend TO exercise their full
ercise could not be wrong. and they be
lieved they had succeeded in keeping
within the proper limits.
For the reasons given, we think they
were mistaken, but we acquit them Of
thickness or attempted evasion.
To Stop Future Combines.
But the period of cooper
alton passed away before the bill was
filed, and as far as we can see, 1t is
not likely 10 be repeated. We do not
think the Gary movement would justify
US in imposing so drastic a penalty as
the dissolution of the corporation, but
we will. if the government moves for
such action, retain the bill for the pur-
pose of restraining any similar move
ment by the defendants that might be
contemplated hereafter. We NAV per-
haps suggest that under recent legis-
lation Congress may have provided a
sufficiently inclusive remedy for any
future action that might have for its
object the adoption or the maintenance
Of unreasonable prices"
With regard 10 the government
charge that the Steel Corporation had
monOpolistic control of ore resources
the court said that all the basic plants
OF the Steel Corporation are inland
and dependent on Lake Superior ores,
while the Atlantic steel companies -
the Bethlehem, the Pennsylvania and
the Maryland have unlimited supplies
Of Cuban and other ores at water
freights. The court further states:
The proofs further show that with
the enlargement OF the Erie Canal sys-
ten Lake Superior ore will be canal
frelghted from Buffalo to New York
Harbor at % cents ton less than the
same ore is rail freighted from Lake
Erie to points in the Pittsburgh dis
tricts. With the enlargement of that
canal the proofs are that blast fur
naces are now planned for location on
seaboard waters IN New York Harbor
limits"
Concurring opinion of Judge Wool
ley. which is adopted by Judge Hunt,
draws the distinction between the act
usl power OF he Steel Corporation TO
monopoll.e and the intent of those
who formed il TO actually monopolize
As TO It's power TO monopolize. Judge
Woolley inds that with respect to its