FREE BOOKS

Author's List




PREV.   NEXT  
|<   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71  
72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   >>   >|  
ven years. The two most famous trust cases, next to the Northern Securities case and even surpassing it in popular interest, because of the stupendous size of the corporations involved, were those against the Standard Oil Company and the American Tobacco Company. These companion cases were not finally decided in the Supreme Court until the Administration of President Taft; but their prosecution was begun while Roosevelt was in office and by his direction. They were therefore a definite part of his campaign for the solution of the vexed trust problem. Both cases were decided, by every court through which they passed, in favor of the Government. The Supreme Court finally in 1911 decreed that both the Standard Oil and the Tobacco trusts were in violation of the Sherman act and ordered their dissolution. There could now no longer be any question that the Government could in fact exercise its sovereign will over even the greatest and the most powerful of modern business organizations. The two cases had one other deep significance which at first blush looked like a weakening of the force of the anti-trust law but which was in reality a strengthening of it. There had been long and ardent debate whether the Sherman act should be held to apply to all restraints of trade or only to such as were unreasonable. It was held by some that it applied to ALL restraints and therefore should be amended to cover only unreasonable restraints. It was held by others that it applied to all restraints and properly so. It was held by still others that it applied only to unreasonable restraints. But the matter had never been decided by competent authority. The decision of the Supreme Court in these two outstanding cases, however, put an end to the previous uncertainty. Chief Justice White, in his two opinions, laid it down with definiteness that in construing and applying the law recourse must be had to the "rule of reason." He made clear the conviction of the court that it was "undue" restraints of trade which the law forbade and not incidental or inconsiderable ones. This definitive interpretation of the law, while it caused considerable criticism at the moment, in ultimate effect so cleared the air about the Sherman act as effectually to dispose of the demands for its amendment in the direction of greater leniency or severity. But the proving of the anti-trust law as an effective weapon against the flagrantly offending trusts, according to R
PREV.   NEXT  
|<   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71  
72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   >>   >|  



Top keywords:

restraints

 

decided

 

Supreme

 

Sherman

 

applied

 

unreasonable

 
direction
 

trusts

 
Government
 
finally

Company

 
Tobacco
 
Standard
 

uncertainty

 
previous
 

Justice

 
amended
 

competent

 
properly
 

matter


authority

 
outstanding
 

decision

 

conviction

 

effectually

 

dispose

 

demands

 

cleared

 

criticism

 

moment


ultimate

 

effect

 

amendment

 
greater
 
flagrantly
 

offending

 

weapon

 

effective

 

leniency

 

severity


proving

 

considerable

 
caused
 

recourse

 
reason
 
applying
 

construing

 
definiteness
 
definitive
 

interpretation