Martinsburg W Va evening journal. [volume] (Martinsburg, W. Va.) 1913-1920, 1920-03-11
Daily
Editorial
Digest
(Title Appld for U. s. Pat on
Edited by the Washington
Feature Service
DAVID LAWRENCE, Pre3t.
HAS REASON KILLED
THE SHERMAN LAMP
DAVID IAWRENC

BY an extension of its famous rule
of reason the Supreme Court de-
cides that although the Steel Corpo-
ration has technically violated the
Sherman Antitrust law, nevertheless
1t would be contrary to public inter
est" to hold the company guilty and
order its dissolution. The Corpora
tion is not now violating the law, but
on the contrary is performing valua.
bile public services which would be
lost If the law We're rigidly enforced
such is the eist of the decision
ITO all intents and purposes the
antitrust law appears Ito have been
knocked into a cooked hat says the
Lafayette Journal-Gourier tInd. Repl
"inasmuch as the law has apparently
been made secondhand to a matter Of
policy" and this paper fears that
the application of the rule OF reas-
On which takes into consideration q
question of policy in one direction,
may later provide q back.Gre because
II Questions OF policy perhaps equal,
+ important but at present not so
nueh in the public eve" The Ne
hrasEd State journal Gnd. Rep9 be-
tiercs. borrower. that the court ha=
uyeIstt9ped it's functions. for.
THE deciding of what is or is not
in the public interest is strictly a
legislative function. 49, 1t is the pre-
negative of the people themselves.
acting through their legislative repre-
santGtiIeS, to say what is in the pub
lie interest Suppose a majority
OF the people now decide that it is
to their interest to dissolve such com
Sinations as the big steel company.
Must they change not only the law
Or the constitution to accomplish this.
or, with the court assuming the pow
er to say what is and what is not in
the public interest, must they change
the court also"
Or, to state the doctrine in am
other and less legalistic way the
Wichita Eagle tlDdD submits that
the decision is tantamount to saving.
This trust is too big for us 10 tam
per with. II we should knock the
steel kings of their thrones they
might jar the foundations of our eco
monte structure in their fall.
1t is doctrine that many eitv
police administrations have long held
tnyiolable,' the Eagle continues. a
ring OF gangsters and thieves is per.
mitted 10 hold sway in city be-
cause the police believe that il would
not be compatible with public inter
est Tor private INTEREST," to destroy
IT, The theory is that the gang is too
strong for the police therefore the
police should -. arrange with the
local ring of thugs TO keep all OFT
side thugs of the reservation.
The Detroit Free Press UndD won
ders too, If this opens the way to a
court custom of passing not only on
Inc consututionality OF statutes, but
also upon their general desirabilitv
from the standpoint OF public policy.
and whether In the end such a ten
ioncy may not blossom into the ey.
erclse OF veto power on the one hand
>Ad OF amending power ON the other
IN which case both the executive
-9d legislative branches of govern
ment would find their preroeatives
'airinged. On such a basis The
equilibrium originally designed 10 he
established between the three cO-or-
mate branches OF the government
4eYitably falls, and into the hands
the supreme Court passes an au.
1ority almost without Imitation
he New York American Gnd.l de
ares tHat such an infracion of the
onsufation and invasion of The
hts OF coordinate branch OF gov
ment is definitely a~8 distinctly
f,utionary" nh. Croeushoro
Mems oHt thar