Salt Lake Herald-Republican | 1913-03-01 | Page 16 | A False Premise

A False Premise i WJ W rHILE JULE the Senate interstate commerce hitS bass submitted a splendid brief agn against government by men mell instead of by law it fails to adhere to it its text and wastes much of or its ammunition The broadside was Wac directed against the thc action of the United States Stales Supreme court in writing the the rule of reason renson into its construction of the Sherman trust anti act The Tire committees committee's report to the extent that it strikes at made judge law is effective r but in applying that principle principle principle prin prin- ciple to the subject it it- had hall under discussion it argued from a false premise and its logic thus titus falls short o of convincing So long as men make laws other men must construe them Under our government that function is discharged b by the courts Since it is obviously impossible to describe in the trust anti-trust statute in iii detail every act that the law was vas intended to prevent pre the court must study the statute with reference to lo each cach specific case that come comes before it Otherwise the judicial department of t the e government might as wen well be bi abolished since it would make of its members mere umpires ut at trials without power to use their reason or their intelligence No latitude would be permitted them in tho the adjudication of cases eases and th the dut duty ditty which is laid upon them by br the constitution it would be impossible for them hein hiem to perform The application of the lC rule of 11 reason W when lI announced by the Supreme court in iii its discus ion n of the Standard Oil case impressed the public as something entirely now new lICa a mistaken n view which a number of eminent lawyers at some pains to correct Had lEad its employ employ- ment prevented the successful operation of the law la had the ends desired de dc- desired de- de sired not been accomplished and In the statute not proven effective the thc criticisms of the interstate commerce committee would obtain a more moro patient hearing As s matters stand it is idle for the committee to pander to widespread public sentiment against made judge law in apply order to bolster its position in a ease case to which f h the argument argument does docs not