Theodore Roosevelt and His Times by Harold Jacobs Howland
page 68 of 204 (33%)
page 68 of 204 (33%)
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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 |
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