PAGE SIX
trade, but in the furtherance of it;
llJut when they constituted the largest
manufacturers ot tlielr articlts in
America, if not in the world. and
held jointly aloui 80 to 8.3 per cent.
of the trade and two at least of the
zoompanies forming the combination
guere prosperous. their combining was,
iwhen similarly 1itw,ed an unleason-
lable restraint of trade 11‘ the busi-
ness of the separate companies com-
Dining 1135 unsucceszul it could be
iplain that their combination was
reasonable in tiew ot the rule of res.-
Rostralnslnierstate and Foreign son as proclaimed by we Suprem-
iCouit, but it is conteded that the
Tran and [8 ordfl‘w by zllcCormick and the Deering (ompan
ll. 8. Court.
ies ‘had established reasonably sue-
cesstul and prosperous businesses,’ so
liliose ancient roof gardens were notE
that question is eliminated.
Throughout ”18 “m”: “3‘95 GM“ mere curiosities ofarchltecture or land [Or 00"” Will Eflleflam A" ‘0'
There is no limit under the Amer-
ican law to which a business may not
mans and German 91111131 ”29” “‘8 scape gardening. The people of Babi- .‘ .
been complaining bitterly because or 10n knew it was silly tor ‘ crowded] pllcaliotl for’a Rd.
ceiver.
“1““ “‘9" term the uniairness “1 A111 lcity to waste its roof space, as Assy-
erlcan newspapers [1 need hardly be rla did
'8 million 0t" his own subjects and an-
TIE SOUTH Nonwmloliler million of" aliens with 11110111
EVENING SENTINEL
ESTABLISHED BY
JAMES GQLDEN.
those subjects had no quarrel
For the German race. thus lightly
al
HARVESllR
made a target tor the bullets of ,
continent and the hatred of the 110! 11,1
E. L. lino A L. GOLDEN,
PROPRIETORS.
...._.-_._,.._ .1157:
WEDNESDAY AUG 12m1914_ lzollerns ha1e passed a11'a3 with their
m. noise and fury and the bi'.ave gener
“INIATURE ALMANAC FOR 0115 and same German people have a
TOMORROW. :gmernment that represents their real
High tide 3335 3- m.; 4:02 P- m. purposes and aspirations, there will be-
Snn rises 5:01; sets 6:53.
{the tmerlvan people toda3 hate notn
ing but s3mpathy1’llien the Hohen-
’ —flf0 question of the friendship. collec- i
the and individual of the great Am-
EVENING SENTINEL TELE‘ eican nation for the great German
PHONE CALLS.
yam—News Department.
ga-3—-—Business Department.
I388 -—Branch Office, Norwalk.
.90 -—-Editor’s Residence.
[Lyn—City Editor' 3 Residency
. nation.
l
i
i
"uh... l
USING THE ROOF.
Babylon many thousand years ago,
knew the value of roots. as its ('ele l
lirated hanging gardens" testify. Andi
it does not unreasonably restrain'
WAR news AND WAR LORDS
trade that is illegal, and f the parties
of the American business, and by the
competition is eliminated between the
,oonstltuent parts of the combination.
They lived on their h0uses.t
entwined to 11113 person lamlliar with as no“ as in them That gave them'
the gathering ““9 printing 0f news more real estate per square foot. so
that such crititism is itseli ““me 1“ 1to speak it added immensely to their
the war reports" printed here
appear to be unfriendly
ST. FALL. Minn. A115.
da3 was declared to be a monopolyi‘or “19 deClBions."
tomfort, and lowered the mortallt)‘
trade and 11a: ordered dissolved by a” the manufacture 0‘ har1esting imple-
rate; for even on the hot plain or inajorit3 decision in the
Germany and Austria! 01‘ if the W‘ls Mesopotamia. there was usuallv a ‘5“th district (ourt that prior to the organization of the
.Ieem to be distorted ‘0 “"9 the pur breeze stirring at the top of those big} Unless the 31411000000 corporation . luernational Har1ester CONWW the
39°.“ 0‘ racial 0" national prejudice buildings of sun- baked brick ‘subinit a plan for the dissolution 0t":fgflzfiigtufseflgfigdm “"9“an
‘. that is neither the fault of The Semi We are just relearning the wisdom
- l
3 not nor of the great news-gathering .
‘i or the Babylonians \ew ‘ork 'the or in case 0t appeal with! 30 days of
.393” “9°“ which it ””95 modern Babylon, is taking the loudll the issuance of an appeal mandatef
The one thing “‘3‘ 9‘9” Amernun and as usual. it imagines that its idea from the United States supreme court,3
{lawspaper publishei wants to get hold is Very new line decision announces that the court:
. ‘of and pilot at all [lilies and partitu- 5 New 101k has for years fated a pro-1 !wlli entertain an application for the
hub in time 0.L 1111.1" is The. Truth New of “on“: gravity. Where shall appointment of n receher for all the;
' And if there is 21113 offense to (‘erinan- properties of the corporation ‘
_ ' its children plu3? There streets are: The decision of the court was 81‘ an
America“ ‘" 0“” Dllllsalls “1 “letiull of automobiles tliesidenalksnre b3 Circuit Judge 11 alter 1. Smith of
presentation 0‘ “1“ 11ar “9““ " '5 crowded, land is imniensel3 expenshe lOWfi- ““11 “111611 Jildlle William C 1
either because the lui'ts themselvesfpe“. oi the public schools have any. Hook of Kansas agreed. and from;
Ire (fllhxreeuble or Iieitiuse the news real D131 space though inner courtswllmh Judge “alter A 5339““ of:
is contaminated at its sources o1er and dart. “meme,“ 9’9 used
Minnesota dissented
, The maiorltyo opinion held that the
3 which American journalism has 'lltile;
1 control. f
in spirit to
the combination into at least three
independent concerns within 90 days.
C0.. of Chicago, founded in about 1849.
Y., founded. about 1860
The Warden Bushnell & Gleasuer
C0.. of Springfield, Ohio founded about
'1869.
The Desiring Harvester Co.. of Chi-
cage. founded about 1575.
“'10 Milwaukee Harvester (30..
Ml111'.0ukee
The Plano Manufacturing Co, of
West Pullman. lll.
According to the decision, the shorts
to combine these concerns bellan on
June 24. 1902. when T. D. Mlddleltaui!
secured an option on the stock and
of
:7
Recently people have begun all utilntal‘nattonal Harvester Company was
once to ask .“ 113 not playgrounds from its organization in 1902 in vio-iplant 0‘ the 3“”ka {harvester Cal
Nothing is harder to get at than the on the roofs? \\ li1 should all these :ifiulo". of the Sherlnan '2‘“ f 1;“! 3”!” for $3,123,691. “He did this," the decl-
a torporation. urine 0 1'e"on sion 301's.- um fact no aunt. though it
real truth in war time. It is especialh square miles of spam; go to waste. icerns, violated the first section 01 the d t loarly 1' who his rln-.
hard when the only news aiccssible is when children might play upon these 0“ “0 ° oppea p
iSherman act b3 restraining competl- do“ was. WIT-I l‘ piers-II fiCo‘i
tier the control and censorship otiin the pure, fresh air and sunshinew tlon among themselves. The conillln fGeorgo WPMI 4311 a. Munich
I
“fate nations invoked. Since this war without danger? ed oigaulzailon also tended to mung tiarvestln‘ 11me M it..-
broke. out nearly all the reports hovel So they are. going to build school-1°p°1:§'{m:l° in 2° th hrav‘entlon of m however, at the direct instance 01 the
‘ 3.901110 from England France or Bel- 'houses with roots titted out for that ”e 0 “C on o a “W lMcCorultcl: HM'VEHWE ”MW” 0°“
The decision declares that while {‘1 rlncl-
. , ll 1 l d 1 but whether he was ac ng as p
film. 0nd have naturn 3 teen co ore 1'er3 purpose. The first one is p anned the international Harlester Company pot or agent is left “1:501“ slight
by the inflamed patriotism cf those for Brooklyn. instead of merel3 keep and its getting organization, . the 111- doubt
countries and by their hatred of (let'- log out the rain. the tool will have terhational Harvester Com ny ! 1'8! June 25‘ 1901. Mr Middloltaufll'
Hum The Associated Press, the Unit l10000 square feet of space with g) 111 Ainerlcarcwc‘xretpsfi ‘° 85 9:: went to \cw York with a letter from
'ed Press and other agencies have naglum equipment for boys 3n}.- girl! 7‘7“ 0f “1° ‘3'“ ”Ezflcfmlflm 1 an oillcer or the McCormick (‘0. an-
tfled lirvaln to get the other side 0! The precedent luau“, to be follow-1p ementa. man nature y t m' to r Ethorixing him to assignehis option to
treatment or smaller competitors in J P Morgen & Co of “MCI, George
inmate}? From the first 311111 of hos- ‘ed in fiery“ city where schools are. {general has been fair and last. I“. Perkins “a, a member. or to any-1
Wltlos'fiflymaiiy has raised 9 Chin
'flanked b3 high buildings and land is The court finds Inuit with the ““0119 they might (1.3838,...th 11nd reciting
'too valuable for playgrounds. I‘m“ °f “‘9 “NW““W' aside from that the option had been obtained tor»
And why‘ should the principle 3:: tigtnéfsl 11:13:33; theTShilerluan “33
confined to eelioolhouses? 3' s 0 011111 “On August 11.1902, 11 new contract
w by
,lon declares that there w” no ex 11 as made tor the purchase of the Mil-
should apartment house roofs be once for the advertising of the pro- lwaukee Harvester plantby .\lr Middle
wasted. or “59d only ‘0 ““3 out fducts °t D' M' Osborne and Company litanil. and on the same day he assigned‘
washliigs’! What at all the tenement as independent for "V" 3““ utter 1‘ hm. contract to win: 0. Lane, a New l
roofs, unoccupied while the streetalhad virtually ““de “1° Intonation York-banker. and than president-olihul
at Harvester company. This adv» Standard Trust Com 1: i
. rm . l 1
below 8‘“ ulth children and mm! w“ to ““1““ purchasers. ““5 ‘in July; 1902. the goresentatives of;
adults gasp on the tire escapes on hot c..ourt finds. from those who were. up thé McCormick. Deering War duer,‘
summer evenings? Why, 300,5h091de089d t0 1)“me from, the. combine Bushnell and Gleasner and the Plano
la dwelling house waste an area eqm'tion companies weer all in New York.“ but
#3 f tying the unifies oi Europeto the ground it stands on. when by Mihfvfsm 23:;efratmhthttfiedgtt norm at wrenfrglelfirm 3:?
“'f‘ffffgw‘ Rule! himselt is now reported. making a tint root with a. raillnslaflgmal concerns were turned me, to 3:11:25 Gog?“ “1:231“. '
“‘3 around it alumna might have Builhlthe International.c0mpany by Wil- “On July 23, 1903 they met and
agglorlnul vomdal'aslionover dream- ham C. Lane, a \iew York banker. 8”, separate mtmtg to Win 0.
ed: on ‘ nonmetal—a cool, breezy W:‘;h°°n:nd°g M‘J‘ewh‘d} 1111501109 Lane to sell on their tangible 130$;
see to rest d ’s We 6 31 per es. ' W. and 8W6“ portions 0‘ the
31th the cit mwmsndaibe 111:: “Tho court m "a”, M a“ ”9“" receivable. These Wments all con-
y ion," the decision recur. “that the taineda recital that the put-(311359131131-
350“: 0 pm with rugs and hunt process by which it was made to ap-‘ on m, acquisition of the property, in-
mock and 11qu to keep; out the poor that. the properties wcro sold to tended to mum.- gamma to a con
sun. where the saintly might spend ““19 W WU colorabtefi . ‘, parattou to be omnlmd under “191
hot am plennmtly;w a place in which “9 m” ““1" ”Wm" “1“ “1° lmvsiotmmola'w W 0‘ “‘8 “““‘l
_' to camp out at night I" better than properly turned in to the Iniernatlon- “113,3 the mum Company. It
, a! company. was greater than the was ill “on case. except that o: the
any: 311,9“ steeping porch. .. 11m issued for it, and that the case Warrior. Bushnell fij éGlessner- 00..
tilt is time that mobile“: turnéd involves no questions of .overcapltal- stipulatad mambo entire purchase
their attention to :tbe matter. Judith 1131111111 ,
future a‘ "house root may be hint. or The court cites portions of the de-
consonants and may. bald 11°11‘35“"
cl 1 in tb H11 8 do ll able stock of the purchaalns WNW??-
s on season '0 e M rd 0 a “O at 11, 1902, the compan es
imporuuit and “39““ 3° ”W “h,“ our. the Antone" an. Tapioca 011., the all “twigs; agreement for the imme-
“1"”- ' . DuPont De Nemours $00.. and other diate delivery of their plants and prop'
" ‘cli‘au unto whet Whats: the re en‘y walkout; satin: or any will“
If would send: that all stockholders steam or trade; menopause and 1111- EBDDMQWP“ stipulated tor mental!
mum- -au1m'uius the colours oi the summit. and unionism mam .
JLgood have some time .to give to in- . “We thinlylt may be laid . “011111111113: 13.. 1902 the very day ‘0:
tauls'eiit management or. this great that it thorax-mission a: the International
300d» very valuable” property. but- it Barnum-mommy with a total can
”mill” 111ml: flaw that 11111
'. «1%.th 1911mm 11111,,
orld all intelligence of her be
lmntlilris
M hlsflllny have been good military
l,
n: of correction. The Kaiser has
on ibis country in the position ol.’
1
l
ff 1 recognized.“ however.
‘ ”some cannot be
‘lfii
before the board of directors and o!-
” it“ of $129,000,000. 151‘. Lane 11an
f. feted all the Milwaukee Harvester
WDMflD going condoms in.
‘ " and the
independently grow. and even a Com-f 1
lbinailon of two or more businesses ll"
combination or the companies all‘
United; merits in the United States. assertingl
D M. Osborne 8a 00.. of Auburn. 1811‘
l Charles Deerlng. .
THE SOUTH NORWALK EVENING SENTINEL
f
4*
the stock issued for it. This
capitalization.
"lnzail Mr. Lane did in this matter,f
he was acting upon the suggestion 01'
He was compensated. but
there never 11 us any idea upon his part
that be 011 tied an3 of the property. He.
was a mete conduit, or instrumentalityl
his counsel.
in the transaction?
Later on the decision sa3s:
process h3'11hith it was made to ap
pear that the properties “th soldto
Lane were merely colorable. "
The opinion recites that after the or—1
ganization ot the international liar-
1'este1' Company the combination ac-
quired all the stock of the Milwaukee 7
1 Harvester Company, as it had alread) ‘
the
acquired the plant.
,‘cupital of the
it reduced
the international lion ester Company},
Etrade is 1101 1118801; but it in the com- . of America, which was for a consider
bination which unreasonably restralns able time ofllcered by officers of the? 1
Al 9‘
in contro1em “"9 89 0F 35 PP? cent contract was made whereby the Inter- ‘ ’!
International Har1ester Company.
national Harvester Company contract-
ed to sell its entire output to the 111-:
ternational Haneser Company oi“ A-.1n
.erlca. which undertook to resell same.
-Tho than it is in restraint of trade uithiu The corut declares that the sellingl
international llar1 ester Company to- "‘9 meaning 0‘ the statutes under 811.company, in addition to buying the:
products of the manufacturing com
in restraint oi’ interstate and iorelgnl “‘9 ““510” re1lews the history 0! puny. also bought from outside par- ”’1
ties some threshers, wagons. plows!
etc. and resold them. but “the dealing
in all property not the product of the
International Company only amounts}
to about 215 per cent. of its business
states new All the stock of the America Company l
The McCormick Harvesting \Iachim is still the property of the Internation“ H
al Company. "
The court finds that ill January fol-'
017411;. the consolidation of the the
companies the international (ompauy‘
incuulred the D .\l. Oohorno& Co. stock'
and the companies thus combined man-
lutactured a still greater percentage 01
int liariestiug machinery used in the
(United States and nearly the whole or .
that exported. The decision continues:
“The five cotupanlol “cent the bill-
waukee company all took :suo'ok in the
new company, and with the exception
of the Warner. Elli-upon Ct Gunner
Co. took stock to: the: “mammalian;
turned am by annuitifldrtbu mount.
ed to $93,100, 000 of m 8120. 090, 0%
Cast.
therefore. involves no question ut over-
This
court is clearly 0f the opinion ii- atthe
Tomorrow, Another
1 "f
i WOMEN‘S AND MEN’S HAND-
i figILDREN’S HAND- KERCHI'EFS
i RCHIEFS. . ' . . ' 1
,Slightlytlainageil,1'aluc 1"”8“ “3‘51" Value me
SC to 7C each. Sale Price each. 5316 Price
.......... 6.....17¢ ..........4f1)r29¢
" CLEARING SALE
WEDNESDAY, AUG. 12, 1914.
Day of Great Values.
to $4.00 each. Sale Pllt'c
THE SHAPELY
BRASSIERES.
lie-inferred. Well-boner],
embroidery triiiiiileil. Spec—
ial value .......... 50¢
it
it
it
it
91
ll
l
Launs organilics. etc.
H
1 , TA'LCUM' POWDER.
All odors: value 10c per
C
Stile Price ...... 5¢
9!
can.
' it
i”
i
l
1
WOMEN’S'AND MISSES' STREET DRESSES:
\lailc of l:111ns.0rganilies and miles. large varietv
oi prem stripes and figurts, all pretty styles values up
1.000 YARDS WASH GOODS.
prett3 floral designs. beau-
tiful colorings: were 12 1 —2c per 1am
.................. $1.19
s
1.
HOUSE DRESSES.
Made of Ginghams and
percalcs, nicely trimfliédi
all good styles; values up
to $1.25 each Sale Price
................ 47¢
Sale Price 6%.}
LACE DUTCH
COLLARS.
Large size. value 25¢
each. Sale Price . l-Z’é¢
’a"/- - . ~V‘ADO'.~ :- n A! ‘h- u‘
i
“KI. H. “\da v. ‘\‘ ‘\-\- . ‘\‘\‘
J
i”
l
ed. except within the limitation of
capital of the new? 9001“”: 66.60011- agents commissions.
«mo 01 the capture! the new opt‘npanyl
was paid to J. P: Morgan‘s: Co., of
nhlch 13.148.196.66 was {or the Mil.
wankee Harvester Company's propel
ty ind business and 88.451. 803'. 34 was
auction with the organisation of the
International Company Thus. Sloo-
000, 000 of the capital of the. 111511 com-
4
"The defendants claim that the ob-
iectu oi the organization 11ers: First.
to build up the foreign trade; second,
by the combination to secure more
battle in the foreign market; third.
by enlarging the coupe of the business
so as to include other lilies 0t agricul'
ful there is nothing in the‘ history ot
. the expanding of the lines of manufac-
ture. so as to make an allihe-year-
around business. that could be com
demoed. r-
“The real question to whether the
combination at the companies 1111:
1401‘ the serum: and “Well in cou‘ capital to enable them to continue the illegal in their beginning or because
so with the additions subsequently
made."
The court quom parts of Section
puny was clearly covered without any tural “1191911193“ 10 make all all {116' 1 and 2 of the Sherman law, and as-
new or additional working capital. ily
year-around business. They also claim
sorts that the statutes must be 1 con-
uammeut. among all the parties who that it “38 HOt the intention to 0D- strued in the light of reason. He
were to receive shares or stock in the We“ "19 domestic market, 3511 that then quotes from the decision of the
international all the
-ln voting trustees. namely:
Perkins. Cyrus H.
These voting trus
see were maintained for ten years
stock except;
enough to qualify directors was vestedl
George “Siblnation. the foreign trade has been case-oi the United States against the
McCormick and'greatly increased. This trade of all American Tobacco 00.,
they have no done so."
United States Supreme court .lts de-
“It does appear that since the com- clsion as to the rule of‘reason in the
:the combining companies was $10.-
400. 009 in 1902. and. has grown under
lthe defendants’ management to $61),-
and con-
tinues:
"No weight is attached. therefore.
to the means by which the combina-
l “When the D. M. Osborne 8.: Co. purv'W-000 in 1912- T11“ Hm SNMD 18 tlon was formed, it the combination
[chase was made, while the [carnation-1° ”19 "Edit 0f the 91mg) and enter- was within the purview of the statute
al bought all the stock it permitted the
Osborne Company to continue t “fl
pear to be independent. it w;
that this was done to enabl
borne concern. to collect its. bills re-
the International. There was con»,
mercial advantage in claiming not to.
be associated with the International
prise of the defendants But the
youth of the trade of the companies
the time of the consolidation very
l1.Jixrecent, and the trade was rapidly in-
lcetvoblo which were not acquired b1 “98““ 1““ Pm“ ‘0 ““3 ““1““ all competition between the five com
tlon. With the knowledge that the
foreign trade was making such a to
markable growth at the time or the-
as created. The foot that his coni-
btnatlon took the form at a new cor-
a who formed the combination was at. pomp,“ is immaterial.
“Was this combination in restraint
at trade? It substantially suppressed
panles. and the restraint of competi-
tion between combining companies is
as illegal as destruction of competi-
11111111 P918038 were 0990’“ m'buymgioonsolldation. whether the separate tion between them without combin-
from lt. and for two years the Osborne;
Company persistently advertised that
it was independent.
"Wflhlls under the old time low or
warnnty it might be justifiable for the
Osborne Company to conceal its rela-
tlouewltli tha'lnternatlonal. there can
be no excusefor the aiflrmation upon-
lts pm that it was independent after
it had been acquired by the Interna-
tional. ‘The holler-may l‘eir the buyer
cheat. himself ad libitum. but must not
actively assist him. in cheating him
solid" '
“The International had bought. all
the stock of the Osborne Company and
it banana-anemia to a trustee; and
there was in the fact that the Osborne
Company might better collect its bills
receivable no basis to justify the In-
ammonium making a contract underl
wbluli' the Osborne GM would.
continue to advertise. runny um til
you an 'iudupamlaut concern when if ,
had 111‘. fact- boen merged with the 111‘-
municipal. It is safe to any that
from January.1903, the competition
outta Osborne Company was in name
only. and did naturist mtaol
":1qu m but mil-of. the Osborne
Wall met in e or run--
m made by tho. imminent of
the We Comm. 111. Innate
War mm the tuition:
madame. .
companies would have increased their
business as much as the detendants
havet done. is a mere matter of spoon--
lotion on which we can venture no.
opinion.
“It is claimed that the consolida-
tion brought sixty millions of availar'
ble cash to the new company with
which to expand the foreign trade.
This is not true. The government
claims. that not more than ten millions
of. new cash was furnished, but in no
event did its'exceed twenty millions.
Forty millions of. this uncalled work-
ing capital was ftirntshed‘in bills re;
ceivahle of the old companies, just
as available to the old companies as:
lathe new Andsixty million: was
issued for the tangible property oftbe
old. companies and the expenses or“.
J. P. Morgan. t- Co, in connection
with tint organization the new com»
pany and for the Milwaukee Co. ..
"Soon the international, began buy-
in! and constructing plantain» mono:
lit: business to the Wm 01‘. the
manufacture of Barbados machine?
to the manufacture or all owns an
Clause! of agricultural implements. ,
r
I 0 ’
, "It is contended by the m...
that. the International used it! prior
monopoly ot the old/ this: to m
its new lines upon untoward it a.
eludes this among 111nm.
pf oppression upon gum
«nio-
William M m 03. tile 811m
law and it told“ to mil. with-
0
"We think it may be laid down as
a general rule that it companies could
not make a legal contract as to prices.
pr as to collateral services,the3 could
not legally unite and as. the com-
petites named did in onset unite. the
5010 question is Is to whether they
could have agreed on prices and 1111a:
collateral services they would render
when their companies were all pros-
perous Bind they, Jointly controlled 80
to 85. percent. of the business in
that “be in the United States. We
think they could not have made such
an ssmmbnt. . ‘ .
‘f'rhe interiatlonat is not only a.
great manufacturing company but by
the W company is a great deals
Width implements in in-
Mink; Lauri tdflll’n commerce.
“Gannon hII- condemned any com-
bmmm 1'0th 0! either the for-
M De Durante trade. and it the
5W! {hustler Company
will restraint of either the later-
“I“ an 10min it was unlawful. It
“Mild not be 11111111 to restrain the
“Mattie. trade. in om; to build up
“mm The International
by cumulus 011"me be-
(”In “to in m companies
m 111 W‘ ohm or prohibited
Norwalk Chronicler