Contemporary American History, 1877-1913Beard, Charles A. (Charles Austin)
History
Contemporary American History, 1877-1913
Beard, Charles A. (Charles Austin)
United States -- History -- 1865-1921
This was not done by the Court inadvertently. Mr. Justice Peckham,
speaking for the majority of the Court, distinctly marked the fact that
arguments had been directed to that tribunal, "against the inclusion of
all contracts in restraint of trade, as provided for by the language of
the act ... upon the alleged presumption that Congress, notwithstanding
the language of the act, could not have intended to embrace all
contracts, but only such as were in unreasonable restraint of trade.
Under these circumstances we are, therefore, asked to hold that the act
of Congress excepts contracts which are not in unreasonable restraint of
trade, and which only keep rates up to a reasonable price,
notwithstanding the language of the act makes no such exception. In
other words, we are asked to read into the act by way of judicial
legislation an exception that is not placed there by the lawmaking
branch of the government.... It may be that the policy evidenced by the
passage of the act itself will, if carried out, result in disaster to
the roads.... Whether that will be the result or not we do not know and
cannot predict. These considerations are, however, not for us. If the
act ought to read as contended for by the defendants, Congress is the
body to amend it, and not this Court by a process of judicial
legislation wholly unjustifiable."
It was no doubt fortunate for the business interests of the country that
no earlier administration undertook a searching and drastic prosecution
of combinations under the Sherman law; for in the view of the language
of the Court it is difficult to imagine any kind of important
interconcern agreement which would not be illegal. This very delay in
the vigorous enforcement of the law enabled the country at large to take
a new view of the trusts and to throw aside much of the prejudice which
had characterized politics in the eighties and early nineties. The
lawless practices of the great combinations and their corrupting
influence were extensively discovered and understood; but it became
increasingly difficult for demagogues to convince the public that any
good could accrue to anybody from the ruthless attempts to disintegrate
all large combinations in business. The more radical sections, which had
formerly applauded the platform orator in his tirades against trusts,
were turning away from indiscriminate abuse and listening more
attentively than ever to the Socialists who held, and had held for half
a century, to the doctrine that the trusts were a natural product of
economic evolution and were merely paving the way to national ownership
on a large scale.
Public-domain text, read in full here on John Shaqi.
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