South Bend news-times. (South Bend, Ind.) 1913-1938, 1917-02-17
Supreme Court is Asked to
Dissolve Harvester CON-
bine in Petition Filed
al Washington.
DEFENDANTS CONTROL
80 PERCENT OF TRADE
Whole History of the Combi-
nation is Traced in Argu-
ment-WeII Within
Antitrust Law.
InternationaI So service /:

International News Service:
WASHINGTON. Feb. - The
government today asked the SUI
preme court Of the United States TO
dissolve the harvester trust.
In its brief hled in the high court
10y the department of justice that
tribunal is asked TO affirm the de-
cree Of the United States district
court for the district Of Minnesota,
which ordered the dissolution of the
alleged trust on the ground that it
constituted combination i'm re-
straint of Grade and was thorough
ly repugnant 20 the doctrine that
competition, not combination. be
The law of trade" From that deci-
sion the harvester trust, promoted
chiefly by George W. Perkins APP
pealed
The government points out in its
brief that the trust was formed
from the International Harvester
co, the manufacturing concern;
the international Harvester Co. Of
America the marketing concern;
the international FLAX Irvine Co;
the Wisconsin Steel Co. and the
Wisconsin Lumber Co, industries
which make the various essential
products used i'm reaping and har-
vestinE the cereal crops; the Illinois
Northern Railway and the Chicago,
West Pullman and Southern Rail-
way. and the railway plant facility
of the alleged trust: Cyrus H..
McCormick In. rles Deering. Har-
old T.. McCOrmCk James Deering.
John j.. Glessner. William II. Jones.
Richard +. Howe. George W. Per
kins, George r. Baker. Norman b.
Ream and several other organizers.
All We're Thriving.
IL declares that this grout OF
men and companies organized a
trust composed of several independ-
eut manufactures OF harvesting
machinery and accessories. II is
argued that all these companies
were thriving on competitive
basis
The government charges that
these elements i'm the trade. through
the agency OF j. Z. Morgan & Co.
combined their industries and form
ed combination which dominated
the trade and restrained normal
competition The government
brief states that the defendants ad-
init control OF from so 20 So per
cent of the trade in harvesting ma
chinerv. "a type of labor-saving de-
vice on which the farmers OF the
country are dependent for sustained
prosperity.
Whole History Traced.
The whole history OF the combi-
nation with its alleged stulufying
erect on competition, is traced I'm
the governments argument The
government claims that the trust is
we'll within the meaning OF the anti
trust act IL is declared that the
claim OF the trust that its units
combine voluntarily and for pur-
poses OF expanding export trade and
entering new lines Of production is
irrelevant That the combination
sought 10 crush competitors is all
legged The fact that the harvester
trust admittedly controls the market
IS declared 20 be discriminating and
10 constitute the combination as a
trust. The harvester com bination is
declared TO be- not a result OF nor
NAL growth. but a conspiracy Of
competitors Wrongdoing was con
scious'' OF the part OF the trust il is
argued
Others sure to Follow
With unusual emphasis. the gov
ernmel-;'s brief declares chat unless
the supreme court finds the trust
guilty Of monopoly. there will be a
renewal OF the rush toward concen-
tration in big business which mark
cd progress Of industry in the United
Sta..s up 90 the time OF the decision
OF the court I'm the Northern Secur-
ities case-the first great antitrust
decision.
The brief is signed by Atty Gen.
Gregory. SOLICITOR Davis. assistant
20 Atty gen. Todd. and Special Asst
Atty Gen. Gordon