"31
'y
The Commoner.
MAT 1, 111
11
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fy
WASHINGTON NEWS
The Standard Oil company of New
Jersey and its nineteen subsidiary
corporations were declared, in a de
cision handed down by the supreme
court of the United States, May 15th,
to be a conspiracy and combination
in restraint of trade. It also was
held to be monopolizing interstate
commerce in violation of the Sher
man anti-trust law. The dissolution
of the combination was ordered to
take place within six months.
A Washington dispatch, carried by
the Associated Press, says:
"Thus ended the tremendous
struggle on the part of the govern
ment to put down, by authority of
law, a' combination which it claimed
was a menace to the industrial and
economic advancement of the entire
country. At the same time the court
interpreted the Sherman anti-trust
law so as to limit its application to
acts of 'undue' restraint of trade and
not 'every' restraint of trade.
"It was on this point that the only
discordant note was heard in the
court. Justice Harlan dissented,
claiming that cases already decided
by the court had determined once
for all that the word 'undue' or 'un
reasonable,' or similar words were
not in the statute. He claimed that
the reasoning of the court In arriving
at its finding was in effect legislation
which belonged in every instance to
congress and not to the courts.
"Ever since the decree in this case
in the lower court, the United States
circuit court for the eastern district
of Missouri, was announced, hope has
been expressed by the 'business
world' that the law would be modi
fied so as not to interfere with what
was designated an honest business.
Tonight that section of the opinion
calling for the use of the rule' of
reason in applying the law is re
garded in many quarters as an
answer to the prayers of the 'busi
ness world.'
"The opinion of the court was an
nounced by Chief Justice White. In
printed form it contained more than
twenty thousand words. For nearly
an hour the chief justice discussed
the case from the bench, going over
most of the points in the printed
opinion, -but not once referring to it
in order to refresh his memory. . Be
fore him sat a distinguished audience
of the most famous men of the coun
try. Senators and representatives
left their respective chambers in the
capitol to listen to the epoch-making
decision of the court. Most eager to
hear were Attorney General Wicker
sham and Frank B. Kellogg, special
counsel of the government, who had
conducted the great fight against the
Standard Oil company. None of the
brilliant array of counsel for the cor
porations or individual defendants
were present in the court during the
reading of the opinion.
"President Taft and cabinet will
consider Immediately the entire trust
situation and the advisability of
pressing for a federal incorporation
act.
"A decision in the tobacco trust
cases, which was expected simul
taneously, was not anonunced and
may be handed down May 29."
"Samuel Qompers, John Mitchell
and Frank Morrison, president, vice
president and secretary of the
American Federation of Labor, re
spectively, stepped Without the
shadow of the jail," says an As
sociated Press dispatch, dated May
16, "when the supreme court of the
United States set aside their sen
tences of imprisonment for contempt
growing out of the litigation between
the Bucks Stove and Eange company
of St. Louis and the federation. The
highest tribunal has loft with the
lower court, however, the right to
re-open the contempt proceedings.
This grant of power probably will
not be accepted and the case practi
cally is ended.
"The basis of the court's opinion
was that the proceedings brought
against the labor officers was for
civil contempt, and could bo punished
only by the imposition of a fine. The
sentence of the lower court to im
prisonment was the penalty for
criminal contempt, and in the
premises, therefore, it was not a legal
punishment. The case, which grew
out of the so-called boycott of the
stove corporation by the American
Federation of labor three years ago,
is one of great importance alike to
union labor and to the employers of
union labor. The supreme court holds
that the published or spoken utter
ances of organized labor is a combi
nation, and as such, relinquishes the
right of Individuals. It also estab
lishes the fact that legal prosecution
can be levelled not only at the union
itself, but at its officers as well."
There was a deadlock in the senate
May 11th, when an effort was made
to choose the president pro tern to
succeed Senator Frye who resigned.
The Associated Press Report says:
"Soon after the senate convoned at 2
o'clock Vice President Sherman
absented himself from the chamber
and Senator Lodge himself assumed
the chair. Immediately Senator Cul
lom, as the chairman of the repub
lican caucus, moved that the senate
proceed to the election of a presi
dent pro tempore, placing Mr. Gal
linger in nomination. The nomi
nation of Senator Bacon of Georgia
by Senator Martin, chairman of the
democratic caucus, followed. Sena-,
tor La Follette performed the same
service for Senator Clapp.
"Almost instantly the balloting pro
ceeded. Upon the first ballot It was
apparent that when the progressives
did not cast their votes against Mr.
Gallinger they were so paired as to
make effective the votes of absentees.
"Senator Borah announced his de
sire to vote for Gallinger, but stated
that owing to the pair with Senator
Works, who was unfriendly to Sena
tor Gallinger, who was unfriendly to
Senator Gallinger, he could not do
so. Later he stated that his pair had
not been arranged to injure the New
Hampshire senator. Mr. Dixon was
paired with Mr. Cummins, and Mr.
Kenyon with Mr. Bourne.
"The first ballot totaled seventy
three votes, of which Mr. Bacon, the
democratic candidate, received 85;
Mr. Gallinger, the republican candi
date, 32, and Mr. Clapp 4, while Mr.
Bacon stood for Mr. Tillman, and
Mr. Clapp for Brlstow.
"Messrs. Brlstow, LaFollette, Gron
na and Poindexter voted for Clapp.
Messrs. Cummins, Bourne, Works
and Crawford, progressives, were all
absent, but paired for Senator Clapp,
except Mr. Crawford, who was 111.
All the democratic votes were cast
for Mr. Bacon. Necessary to a
choice, 37.
"The only change In the second bal
lot was that of Senator Gallinger,
who had refrained from voting on
the previous roll call, and voted for
Mr. Lodge, increasing the total vote
to 74 and making 38 necessary to
elect. -
"The figures for each candidate
were unchanged throughout the vot
ing until the last vote Senator Brad
ley Tetired from the chamber, thus
reducing the vote by his own ballot
and that of Senator Taylor of Ten
nesseo, who was paired with him.
"Of many points of order raised
the most serious was presented by Mr.
Root, relatod to the right of a sena
tor to refrain from voting on account
of a pair. Mr. Root contended that
under the rules all senators are re
quired to voto when their names are
called.
"Mr. La Follette, in behalf of the
progressives, against whom the criti
cism wns directed, bitterly replied to
Mr. Root:
" 'I do not recognize the right of
any senator, ho said, 'to make the
point against mo or against any one
voting as I voto that wo are voting
against our party. I do not recognize
the right of any secret caucus to dis
pose of the public business. I do not
proposo to bo outlawed because I
cannot agree to support any man who
may bo agreed upon by such a secret
meeting.'
"Mr. Borah explained that tho
circumstances seemed to justify him
in this first instance of his consent
ing to a pair. It was a personal
matter between himself and Mr.
Works, and he announced that ho
was perfectly willing to support tho
caucus nominee.
"Mr. Smoot advocated party regu
larity. "Mr. Heyburn contended that tho
man who would not abide by a party
caucus would not in fairness claim
to bo a member of tho party.
"Ultimately the chair ruled that a
pair could bo recognized only as an
excuse for not voting and by a voto
tho senate held this to bo a' valid
excuse.
"During the balloting Senators
Stone, Bailey and other democrats
made the contention that a plurality
should elect. As decision in their
favor would have elected Senator
Bacon, but the chair hold against
them.
"From tho fifth ballot Senator Cul
lom sought adjournment until Mon
day, but his motion was voted down,
35 to 42, democrats and progressives
voting in tho negative. But, after
two more roll calls, Mr. La Folletto's
similar motion prevailed without di
vision, it b6ing apparent that all bal
loting must be ineffectual.
The Washington correspondent to
the Associated Press says: "Secre
tary of War Jacob McGavock Dickin
son of Tennessee, the democratic
member of President Taft's cabinet,
has resigned. Henry L. Stimson of
New York, recently defeated republi
can candidate for governor of that
state, has been given the portfolio.
This announcement was made from
the white house.
"In the letters exchanged between
the president and Mr. Dickinson, no
reason other than that of pressing
private affairs is given for tho sec
retary's retirement. The president
will confer with Mr. Stimson, but
the new secretary of war will not be
sworn in until the return of the presi
dent to the capital. Mr. Dickinson
will go to his Tennessee home im
mediately upon the qualification of
his successor. He expects to devote
his attention to business, and will
not return to the practice of law, in
which he was engaged when Presi
dent Taft appointed him secretary of
war In March, 1909.
"He Is the second member of Mr.
Taft's cabinet to retire to private
life, Secretary of the Interior Bal
linger having severed his connection
with the president's official family
only a few months ago.
"Coincident with the announce
ment of Mr. Dickinson's retirement,
came that of tho appointment of C.
S. Milllngton of Herkimer, N. Y., to
be assistant treasurer of the United
States In New York.
"Mr. Stimson was the Roosevelt
candidate for governor, while Mr.
Milllngton was a former member of
You
en oHntl Atm MmI
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