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Show THAT MERGER DECISION. H The declslcn in the Merger case Is cne se far M reaching in its effects that it is startling jto the 'M legal profession, it is Btunnlng to that class of H capitalists whose idea is to combine and control H production and transportation that it can at pleas- M ure fleece consumers. The several justices of M the Supreme Court were divided in opinion, the M casting vote was by Justice Brewer. He held that , M the Sherman law "did not intend by the act to H reach and destroy those minor contracts in par- ' H tial restraint of trade, which the long course of H decisions at common law had afllrmea were rea- , H sonable and ought to be upheld." In the Merger , H case he held that the Hill combine was a palpa- H ble restraint of trade and hence gave the casting H vote which made the decision. H It seems reasonable then that should another case be carried to the Supreme Court and it could be shown that while a combine had been made for fl economic reasons but that it had not in any man- fl ner restricted trade or advanced prices to the H consumer it would be held that it did not come ' within reach or under the censorship of the Shor- Hit if f Mf'si I man law' But ne (ieclsIon Is far reaching never- Hi MP If : 1' theless. How long would a Labor Union last un- I! .'I I m I der a legal hearing? How long will the Beef Pfpjix I Trust last after it reaches the Supreme Court? i 'i! J 'm And tlierG ar6 many others. But the decision is jHjfi ff not nearly so sweeping as the Democratic press a ' 'lm m ' would make the country believe. Those journals BUBf' ' mistake the real point. The law does not make BlM I'fJi H any combine wrong unless it is made "in restraint Ii! jj Jj8 of tradG-" For instance the Union Pacific Rails'' Rail-s'' J I r m If road comPany might combine with the D. and R. Hf f tylm I G. and Jt woul(1 ue entirely legal. But were the Bi' h n SB 'I combino to be at once followed by an advance Hi' 1 iPBIl say 30 per cent ln fares and reJSuts the court Bu 'i llllmm ' would smash the combine in a moment. HI mi 1! 19 11 slnSl0 rallroa(l corporation is a combination Hj jf jjJl m vv of capital for a specific purpose. Under the law K )!' "?'l S incorporates and builds a road. The Govern- B Hi B mont understands in advance that one of the of- Bl I il fl ! fecis of the building of the roud will be to seri- Br ' 'I Hi H ously cripple the business of every hotel keeper, Bh i v 1 8 H I stage owner and driver, every teamster, mechanic k ' 1 li'iii m and many otliers along its route. But it is jus- Bf i 1 HISS ii tifio'd on 'very many grounds, the chief one being H r If IB I a s needed or tne Public good. In return B i &-)W I I tlie sovorelEn power holds that Decause of the B ? 'I ill 11 I !' concession and the advantages following, the cor- Bl I 'IwlfB' I '!' poration is bound to do Its work at reasonable B' ? ll iflS' ' rates and to treat every class alike. Such a com- B i J' felfl! '' me money 8 no n restraint of trade, so long B' M ''Mi?! as ts rateo are faIr aml tnere Is no discrimination B : ' I against or in favor of certain men or firms. Some B b I si I roads violate this implied agreement every day. B hf f I For Instance one secret of Rockefeller's success H, ' ft f '8 I at ' in freezing out all other oil producers, was be- H i $ " I iffi) ' cause he had secret contracts with certain rail- i" ' fet j Wt I road companies: The world has known this for tip E B' years, but how can the fact be established by dl- M II rect proof? It would be like proving the mar- BPP Hi! US' riage of a man and woman in the Salt Lake tern- K'inHII SB ple' a marriaS6 which to church authorities might ff uiiil SB no- tnIn1 it Prudent to make public. But while thore will be evasions, while the law cannot make men honest or at all times unearth dishonesty, this decision In the Merger case will have a mighty controlling effect in future whenever men are thinking of fixing up a combine to fleece the public. Before they draw up tne papers they will examine very closely the string that the Damocles sword of the law is suspended by. |