Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-02-17
HARVESTER TRUST
END, U. S. DEMAND
Government Asks Supreme
Court to Affirm Dissolu-
tion Decree
CALLS MORGAN ENGINEER
Principle of Competition at
Stake in Case, Gregory
! Contends

WASHINGTON Feb. 1.-THE Govern
ment today asked the Supreme Court Of
the United States to dissolve the Harvester
Trust
In the brief filed in the high court by
the Department of Justice, that tribunal is
asked. to affirm the decree OF the United
States District Court for the District or
Minnesota, which ordered the dissolution
of the alleged trust on the ground that II
constituted q combination in restraint Of
trade and was thoroughly repugnant to the
doctrine that competition, not combination
be the law of trade" From that decision
the Harvester Trust appealed.
The Government points out Gin It's brief
that the trust was formed from the Inter
national Harvester Company, the manutaC-
turing concern the international Company
OF America, the marketing concern; the
International Flax Twne Company, the WIS
consin steel Company and the Wisconsin
Lumber Company, industries which make
the various essential products used In reap
ing and harvesting the cereal crops; the
Illinois Northern Railway and the Chicago,
West Pullman and Southern Railway and
the railway plant facilities Of the alleged
trust Cyrus H. Mccormick. Charles Deer
ing, Harold + Mccormick James Dee ing,
John J. Glessner, William II, Jones, Richard
#. Howe George W. Perkins, George +.
Baker. Norman B. Ream and several other
organizers. II declares that this group OF
men and companies organized trust COM
X
of harvesting machinery and accessories
1t is argued that all these companies were
thriving on a competitive basis.
The Government charges that these ele-
ments in the trade, through the agency or
J. p. Morgan G. CO., combined their indus
tries and formed combination which domi-
mated the trade and restrained normal COM
petition The Governments brief states
that the defendants admit control Of from
eighty to eighty-fivc per cent of the trade
In harvesting machinery, type OF labor
saving device on which the farmers Of the
country are dependent for sustained pros
perity.
The whole history of the combination,
with its alleged stultifying effect on COM
petition. Is traced in the Governments argu-
ment. The Government claims that the trust
IL we'll within the meaning of the anti
trust acts ~ is declared that the claim Of
the trust that its units combined roluu-
arly and fer purposes OF expanding eN-
port trade and entering new lines OF pro
duction' is irrelevant. That the combina-
tion sought to crush competitors Is alleged.
The fact that the Harvester Trust admit
tedly controls the market is dsclared TO be
discriminating and to constitute the COM
bination as a trust The harvester com
bination is declared to be, mot as a result
Of normal growth, but conspiracy Of com
petitors" Wrongdoing was conscious on
the part of the trust. it is argued.
In addition the Government alleges that
the Harvester Trust, despite its protesta-
tions of innocence. was formed with specific
intent to monopolize. The Government
says that the contention of the alleged trust
that IL has not raised prices is beside the
issue and does not AFFECT the merit of the
question as to whether or not 1t is a
monopoly.
with unusual emphasis the Governments
brief declares that. unless the Supreme
Court find the trust guilty of monopoly
there will be a renewal of the rush toward
concentration in big business which marked
progress of industry in the United States
up to the time of the decision OF the court
in the Northern Securities case-the first
great antitrust decision. The brief asserts
that unless the court dissolve the Harvester
Trust the path will be open for the forma-
ton of trusts monopolizing food, fuel and
other vital necessities Of existence. The
desire for more power which power en-
genders will tend toward monopoly unless
a decisive check is administered. it is de-
clared.
The brief is signed by Attorney General
Gregory, Solicitor General Davis. Assistant
to the Attorney General Todd and Special
Assistant Gordon.