| Show COURT HAS NO DISCRETION IN THE MATTER MAHER Sweeping Character of Decision Decision ion in Tobacco Trust Case Arouses Great Interest 1 LAWYERS NOW AT WORK UPON APPEAL PAPERS JUDGES ARE MORE INCLINED TO INTERPRET LAW AGAINST THE TRUSTS Vew ew Y 1 rk Nov 0 14 The sweeping char charler z ler ter of or the tM th recent decision of the United Ite te e circuit r rit court In declaring rin the Amer Arner M an Tobacco company to be bk a cot i A in ill re tta t of too trad is t attracting v e pred attention tetI n in business buness circles d II liMe iM ie og of the legal eaI t n Q who have given special attention to tot tov v t e 41 tract aue not so much for its Ini 1111 effect oa ou the allied tobacco in interest Inte te terest etH hut but at more mote particularly for its cope rind and effect rt t upon all classes Bes of or industrial Indu combinations engaged in interstate traffic fic rk An Mi D appeal a I of or this tills decision to the th eStates States supreme court Ourt is now in ac acYe 1 I re Ye 0 pO pt s of preparation by b counsel m lii mi L i Ie e case aM r Scope Growing Wider There hAS IMS been n a It series of Judicial Jud elal in iu ns of the th Sherman at oth in Inthe the rhe federal court and in the thO States supreme court but the consensus of M n 11 Is that the recent decision in the tIl to acco IC O cn Cf e gives a definiteness and scope j r interpretation far beyond any an Judicial heretofore made The lull full text test tt t the decision now available covering largs printed pages shows the nature of this latest lat lt expo tion of ot the law aw It also ilso AI o discloses In tn th i in n ale of or the Judge the tbt gradual devel level ment of Judicial interpretation f the thet aw t up to the present time Judge Jud e Cox Coxo no 10 O of or tho the concurring stating that i Iloco since loco the thc Knight case ale the sugar I the O has been constantly i iward I ward a wider vIdor scope of oX the statutes Decision irr iii Knight Case Cas The Knight I ease case was the first under the j I Sharma act to t reach the supreme court It was deeMed decided in January 1 ls and held In that a combination of se r to manufacture sugar was not within tIM the th act because manufacture alone is h nOt net n and therefore fore not within of or congress An n examination of rous cafes c t s since the Zhe Knight case I cads eads to the tle conclusion Judge Core Coxe says that there t eo has b en a general tendency I wants t a broader and more liberal con of o the statutes utes In n the Northern orthen 8 case cose the tie opinion reviews all aU mner f lonan J formulates certain i j Some of these were as fol i iThe IThe The antitrust act embraces antI and d de arM to be illegal every ever cor tract com corn combination combination of or oi conspiracy In whatever form of whatever nature and whoever may mar be bethe bethe bethe the partita to lo It which dirtily or nece ParDy operates oper es In restraint of ot interstate IT Ir international trade or The Jh h act H Jt not limited tn re rt 1 but embraces all direct t r ls Restraint of Trade The natural effect of competition n is 5 increase commerce c anti and an au agreement direct effect is to this play competition rom restrains trade and antI com corn comMee Mee To vitiate such an agreement or combination It Is I not nece su to prove total suppression of or trade it is only to show that by b its IL necessary op 01 ul atIe it tends to restrain r interstate Int or I trad trail or commerce or 01 tends 11 t create a monopoly m in urh uch trade or r and to deprive U the e public of L advantages that flow no from free com corn cornn n th the case alUM of or versus VeNus ver Jus lawlEr the States Slate supreme court held the thes s enna act applicable to members of s t bor organization who by 11 moans means of a i f wore were endeavoring end to destroy detro the theT T Maess II of ot a manufacturer ol ot hats The TheY 7 V Y distinction between bt tween the th Knight bt rose ease eased sd d tho the case ease Is I that In on set act complained tl of or to the man mant T fa tur and at aie of sugar and In th 51 r to the manufacture and sate sale of or orts 1 I ts i a Statutes Defined i the foregoing trust decisions j 1 T th tit tt r tI given ghen in the th tobacco t e see the development which has haR i I unc in the tM application of the Sher Siler r IB et Judge T Lacombe In his majority jIs the status statu of or the law to tov 1 i I v l a as follows various arlous dicta and fol a aw 1 w ng the several propositions which lye in 1 been a J bJ by b successive ma 1 it Lff eC Ute supreme court this language languages lan c s rn B n art aCU ill F s to tn be bt us s pro ro tIn Mr or 01 combination I w se ff t u is to prevent the free I Ii I i I y of COMpetition and thus tend to de dewe we lye country Of q the services of ot any littler er of iM however f to r d i As thus the statute Is I By this till if Itis is not intended fd m Jf t t the construction ii Is I t TIM The act art ni be terme l z r e in Its 11 passage the th courts had i a restraint of ot trade which wall ras rasto ill d DO not to he 1 unfair but lut permissible it operated in some measures restrain competition Tendency Toward Trusts i iMy By ty im degres n under un er the oper j nn n of or 1 j man causes business manu mann I and trading lUke alIke ike has more and i Lore L ore d i a l tend n towards larg meg i and aDd larger aggregations R of capital and I mo n extensive combinations of i 11 1 enterprise It is il contended c that un T r T conditions In that way wa only on n a production be Increased and cheap j Continued ori on Page 2 I I COURT HAS NO DISCRETION IN THE MATTER Continued from Page 1 ened new markets market opened and devel developed developed ene ope ope in reasonable prices so se secured cured and arll industrial progress assured assure But every aggregation of ot Individuals or i corporations formerly former independent im un immediately mediately its I formation forton terminates an existing competition whether or no not I some lome other competition may ma subsequent subsequently ly arise The n act as above abc construed prohibits prohibit I every contract or combine in restraint o ot of competition ever Size Sie Is not made the test two Individuals who have been driving rival express wagons w gons between villages mages In I two contiguous states tates who enter into a combine to join forces and operate a sin single gle gin line lne restrain an existing competition and it I would seem to make little differ difference difference ence whether they make such combine more effective by forming a partnership or not Benefits Not Considered What benefits may have come from this thi combine or from others other complained of or It I Is not material 10 jo 0 Inquire nor need subsequent business methods be consid considered considered ered or production or prices fre The advance ad vance of judicial interpretation of ot the Sherman Shern act was also dealt with wih by Judge Noyes oyes who concurred with wih Judge Lacombe In the tobacco decision Speaking of or the momentous m character of ot present trust litigation Judge Juge Noyes says It I is of ot much Importance to many many people at It the present time whether the defendants have entered into en an unlawful fut ful combine It Is of ot the most momentous Importance to all the people for tor all al time whether the national government has ha power to reach industrial combines combine deal dealing dealIng ing lag across state lines Ine Concede that the present statute goes too far tar concede even that no enactments are arc now feces necessary nees sary you OU must agree abre that conditions may arise arse In the future requiring legislative action acton which shall be both bo h uniform and effective Congress Con es alone could take such suc action acton and If It this thLe case cae shall finally establish establish lish that the power exists In congress to take It then regardless of ot all al other re results results suits It Is a good thing for tor the future of or orthis this country that these proceedings were Instituted I I I I i Duty of the Courts As A to the general generl character of com corn combines combInes bines coming within the law mw Judge Noyes says sas further The construction of ot the constitution confines the duty of or this court cour within very ver narrow limits We Ve have only to inquire whether the evidence shows show lie he combine restricting competition Ther The is no necessity for going further Other in inquiries are ae immaterial The Te combine may ma manot not increase the prices charged to con consumers consumers sumers may not seek to exclude all al oth others ers era from tom the field feld may be free tree from co coercion coercion erion may b be free te from oppression yet yetis yetIs is it in restraint of ot competition Does it restrain trade reasonably or unreason unreasonably unreasonably ably H It I falls rals within the tho statute The statute declares unlawful every combine In restraint of ot trade It I contains contaIn no words of or limitation or qualification aton and the supreme court of ot the United States I has ha decided that the courts cour have no noi I right to attach them to it I Tho appeal of ot the tobacco case to the United States supreme court Is expected to give the tho highest tribunal further opportunity opportunity tun I to pass the ap of the antitrust law Jaw Announce Announcement Announce Announcement ap ment of or the proposed appeal app 1 has ha been made and the appeal will wi be officially taken as a soon as aa the decree is formally entered An early decision In the higher court IB is anticipated because beuse of the pro provision provision vision Ilon of the federal feer law advancing ap appeals appeals appeals peals in such cases Cacs S |
