Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1920-03-02
FEAR MULTIPLICATION
Of THE SHERMAN ACT
Minority Judges in Steel Case Say
Violation of Law Shouldn't
be Sanctioned.

Washington, March 1.-THE Dissenting
opinion Of Justice Day, in the u. &. Steel
Corporation cnsc, coDcurrcd in by JUS
tices pitney and Clarke, declares in part:
This record seems TO leave no fair
room for doubt that tho defendants,
the United States Steel Corporation
and the several subsidiary corporations
which make up that organization, were
formed in violatiL Of the Sherman act.
/ am unable to accept the conclusion which
directs n dismissal Of the bill instead ri
following the wcll-eettled practice, sano-
toned by previous decision Of this court,
requiring the dissolution of combina-
tions made in direct violation Of the
For many years, as the record dis
closcs, this unlawful organization ex-
erted it's power to control and maintain
prices by pools, associations, trade meet
ings and as the result of discussion and
agreement ut the so-called Gary diDnerr,'
whcIe the assembled trade opponents
secured cooperation and joint action
through the machinery Of special commit
tees Of competing concerns md by pru-
dent provision took into account the
possibility Of detection and the means
Of controlling and perpctunting that
industrial harmony which aroee from
the control and maintenance OF prices.
at inevitably follows that the COR
porstion violated the law in its foi nation
and by it's immediate practices. The power
thus obtained had within lite control the
domination Of the trade, and the ability to
fix prices and restrain the free flow " COM
merce upon scale heretofore unnpproach-
ed in the history Of corporate orssnisa-
ton in this country,
.,~tahttnha1 an n
10 me they are by the record, II follows
that il the sherman act il to he given
efficacy there must be decree updoinn
so for AZ /. possible that which has been
achieved In open, notorious and continued
violation Of its provisions.
Citing the Standard Oil case, Justice
Day said that combination waa certainly
not more obnoxious To the sherman act
than the court now hnds the ono under
~ be.
''As underst and the conclusions of
the court. affirming the decree directing
dismissal Of the BILL they amount To this.
That the combination, although organized
in plain violation and bold defiance of
the provisions Of the act, nevertheless 10
immune from n decree effeetually en,4inR
the combination because of some reasons
Of public policy requiring such conclusion
IL know Of no public policy which sane |
tiops n violation of the law, nor Of any |
10 trade, domestic or for |
eigr,. which should have the effect II |
placing combinations, which have been |
able to thus organize one Of the greatest |
industries Of the country in defiance Of law. |
in an impTegnable position above the con- |
troll Of the law forbidding such comhina- |
tions. Such conclusion does violence |
In the poliry which the law waa intended |
To enforce. runs counter 20 the decisions |
Of the court, and necessarily results in q |
practical notification Of che (Sherman) |
net itself.
ut {the actl wss not intended merely |
to suppress unfair practices, but IL was |
intended TO make IL criminal Ga form CON- |
binationa or engage in corspirncic~ or |
contracts in restraint of interstate com |
merce.
That the exercise Of power may he /
or eNerted with forbaar.ng be- |
neeolence does not place such combina- |
lions beyond the authority of The statute /
which was intended To prohibit their |
and when formed, TO deprive |
them of the power unlawfully attained. |
cit is said that complete monopolI- |
zstien of the steel business was never /
attained by the offending ccmhinatiors. |
tn insist upon such results would be he. |
yond the requirements OF the statute and /
IN most cascs practically impossible.
at seems 10 me that II this act is TO be |
given effect the bill should not be dis |
missed and the cause should be remanded /
TO the District Court, when plan of /
sffeotive and final dissolution of the |
should be enforced by q
iecree framed for that purpose.