The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-04
Unanimous Decision Says
the Company Doesn't
Violate Law. 4
4
FACTS SHOW THERE
+, rs NO MONOPOLY
Competitors Enjoy Larger
Percentage OF Growth
Than Big Concern.
TENNESSEE COAL.
DEAL JUSTIFIED
Great Impetus to COuntry's
Business Seen in the
Courts Decision.

TRENTON, June after nearly four
years Of legal battle the Federal Gov
eminent lost its suit to-day for the
dissolution Of the United States Steel
Corporation under the Sherman law.
The United States Circuit Court.
sitting here. handed down O unani-
nous decision that the corporation
should not only remain in existence, but
that II deserves the commendation OF
the American public for the uprigh,
manner in which it has conducted It's
vast operations.
Only on one point did the court
venture to express crIticism--a very
mild one at that. II said that the
Gary dinners were a mistaken
policy. though no unfair craftiness in
the opinion OF the court was displayed
BY these social gatherings.
Col. 1eossvelrs course In regard to
his sanction OF the purchase OF the Ten.
sesses Coal and Iron Ccmpany BY the
Steel Corporation was virtually justified,
The eourt held that the Tennessee com.
pany at the time Of its purchase wa,
not only not dangerous competitor bnt
WAS rot . success.
Regarding the Hill ore land deals
the court said that they returned to
their original owners before the Gov
ernment's bill was flied. the transac-
ton need not be passed upon in i,s
legal phase.
Injunction Also Refused.
In addition to the denial Of the pe,,-
ton for n decree Of dissolution tn.
court further refused to grant the
Governments prayer for any injun,-
iion against the Steel Corporation.
The Government was allowed. now
ever. to retain Jurisdiction of the nf..
u such price fixing practices As took
place at the Gary dinners are renewed.
The court suggested that such matter,
may now bc controlled by the p.w
Federal Trade Commission
There were two opinions II! a n
the case. Tie principal one was writ.
ten by Judge Burlington AID was con-
CURED IN By the three other Judues
Wooiiey. Mcpherson and Hunt, ,Juup,
HUNT ~ now sitting In the rni,od
states Court in New York ci,y. The
opinion or secondary importance was
written by Judge Woolley and this was
concurred IN by Judge Hunt
Discussion Of Facts.
Judge Buf!inGton's opinion WAS
largely discussion Of facts ON thn
question Of whether the Steel Corpora-
tion monopolized the steel trade or
dealt unfairly with competitors or pur-
chasers.
The opinion declared that all tho
trust cases that have been determined
settle down TO this: That only such
combinations are within the sherman
law as by reason Of the intent OF thos.
forming them in the inherent nature
of their contemplated act prejudice
the public interest by unduly restrict
Ing competition or unduly obstructins
the course Of trade.
In answer to the questions which
the court was TO determine with re-
spect TO whether when the suit was
MED the steel company was unduly
restricting competition or obstructlnG
trade in the home market the decision
held that the proofs show that when
the bill was fled the companys com.
pet!tors wera doing 60 per cent. of the
steel and iron business.
On this question the opinion said:
"The field OF business enterprise in
the steel business Is as open TO ana
being as fully filled by the comIs titor,
Of the Steel Corporation as II is hv
that company"
summary OF the Opinion.
The courts summary Of the opip,on.
filed by Judge Burlington. was prepared
by the Judges who heard the case ana
opens thus:
I'VE may say in advance that NJ thA
Of the court are in aercoment
AS 20 the decree that Will he entered, a.
though they are not in complete accord
everv step by which THAI ls-
suit Is reached"
concurr.ng opinion. in which cer-
tain features OF the case are discussed,
was filed by Judge Woolley.
The lk0 pages OF the opinion OF the
court were summed up AS n discussion
Of the tHo lines with which tho orlnoo
begins; This Casa proceeding II.
der the sherman antitrust Law
largely ore Of business facts
The summary says the construct N
Of that statute has heen settled by ~.
Supreme Court IN the Standard OIL ana
the tohacro cases AMI appl'rd N the
Third Circuit In the powder trug, and