The Richmond Virginian. (Richmond, Va.) 1910-1920, 1920-03-02
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Paradoxical1y Mi1,x
Membership Becozl
Majority.
JUSTICE DAY IN
DIRECT Isl
Opinion Declares
Size Or Existed r
Is No Ofense As v
the Law.

Washington. March The tn
States Steel corporation was III
to be a trust and the xovefy
suit for dissolution was diaMS
a decision handed down IL
United States supreme court tS a.
The decision holds that tk36 a.
been no violations OF the III
antitrust act since >191l ana II
practices complained of by II
eminent in its suit were abaS
before the suit was flied. WI is,:8
The mere size and power De tj y -
poration. the court holds, do
themselves constitute an infrNef5 r.
the law. M & ~
The decision of the court
case, which is OF far greater ny ~
ance than any other suit begun
the decisions in the Standard 0}
Tobacco Trust cases were ron3
was brought about by most IT.
combination OF circumstances. az
CURIOUS PARADOX
AS a matter OF fact, the No.
OF the court stands commtt831
policy of breaking up ali the
combinations of capital and IT,
such organizations n the Co. a
porations as the steel corpo36f Y
be com binations in restraint ~
The decision rendered today N
II the decision ~ minors Il
court TOR the f0llcwdnx e.
The Gchrt 1ivsd6 III seiIS r
four to three. The rulir1 ssS3
was written BY Justice MCKEE
concurred in BY CHIEF Jusf7SSs
and Justice Van Dev1n<G
Holmes. The dissenting opfs,2Sm. X -
ten BY Justice Day, YVES cOucux
by Justices Pitney and CInrkes as9
Justices Brandeis and lrcReS
took no part in the decision -
they were disqualified. Justice
Reynolds having instituted the
while serving as attorney generals
Justice Brandeis having apnS
against the steel corporation IN
ings before the senate commtteo
1911. "a s5
Because of their previous "a
in matters directed against the
ration. therefore. there u no r.
to believe that Justices McR4S
and Brandeis, had they been r.
ted to participate in the A.
would have revised the majortf
brought in an opinion adverse
steel corporation. aS =
DAY TAKES ISSUE sssss3
Justice Day In his dissenffnx 81
takes direct issue with thu III
decision and declares that th&s
should take immediate stenn
the steel corporation dissolve
declares that the najortty ~
nnllhies the Sherman anti
and makes further legislation
gress necessary.
In Justice Days opinion IN
ours this language: assI3 ~
1t appears to be thorouehlyks
lished that tn formation ~ n ~
porations here under comnA
constitute combinations hotI1
p".itors in violation OF I&W. III.
teraed to remove competifton
directly restrain trade. dSxS d -
the conclusions of Judges W0u2
Hunt expressed court ss
that the m I'm at ions Wxr3
submissions to busineas conllitf ~
were designed to control sthe4S
legal purposes. regardless oe III
sequences and were made nnoH3
that was huge and In mAun
was Wild. and properties n n Gaa
ssmbled and combined with IT.
to their Importance as in4AEES
of an inteErated whole thxn II =
vantages expected from the eliaSl
Iof the competition whtch thSlS
existed between than. { i. Is
In the majority opinion. Iustf
ksnna points out that the c0k,62
was formed in 1901 Of abontsll
rate companies and that tho hi
of the corporation Ii moi puiS
under the law. The decisi0n na25 r If
=. Hv ser