United States Steel: A Corporation with a SoulCotter, Arundel
History
United States Steel: A Corporation with a Soul
Cotter, Arundel
United States Steel Corporation
Metaphorically, business drew a sigh of relief when the decision of
the lower court was made public, a relief, however, chastened by the
expectation that an appeal to the Supreme Court was certain. But so
clear and unmistakeable were the findings of the District Court, so
little question seemed there to be in the minds of the judges, that no
evidence of monopoly or restraint of trade existed that the final issue
was awaited with confidence.
An appeal was filed in course of time--October 28, 1915. And for long
thereafter both sides girded their loins for the final effort. The
case was eventually argued before the Supreme Court on March 7-14,
1917, and later the Court ordered a re-argument, the date for the
re-argument being set for May of that year.
Meanwhile, the war that had been devastating Europe for three years had
at last reached out to the United States and this country had become
engaged in a conflict in which the industrial resources and financial
strength, to say nothing of the patriotism of the Steel Corporation,
were of enormous value and assistance.
Doubtless the Government’s attorneys realized this fully. Doubtless
they were aware that, if the Court should grant their plea and the
Corporation be dissolved, the breaking up of the great organization
would so disorganize its activities that it could not continue, during
the dissolution process, the tower of strength it was in carrying
on the war. So, on the ground, well taken, that the conclusion of
the suit might disrupt the financial situation, the Government asked
for and obtained a postponement, although opposed in its plea by the
Corporation which was anxious to clear itself before the world as early
as might be.
And so it was not until after the return of peace, eight years after
the suit was initiated, that final arguments were presented (October
7-10, 1919) and not until March 1, 1920, that a final decision was
rendered, absolving the Corporation and dismissing the suit, as already
stated.
The Corporation’s victory in the Court of Last Resort was a rather
narrow one, four of the judges agreeing on dismissal of the
Government’s appeal, while three favored the Government’s side. Two
members of the Court did not sit in the case and took no part in the
decision, Justice McReynolds, who had been Attorney-General of the
United States during the progress of the litigation, and Justice Louis
Brandeis.
The judges voting for affirmance of the judgment of the lower court
dismissing the bill were Justice McKenna, who delivered the opinion,
and Justices Holmes, Van Deventer, and Chief Justice White, while
the minority opinion was written by Justice Day and concurred in by
Justices Pitney and Clarke.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account