The New Jersey Law Journal, January, 1922 / Vol. XLV. No. 1. Jan., 1922

THE New Jersey Law Journal published monthly
VOLUME XLV JANUARY, 1922 No. 1
EDITORIAL NOTES.
At least three decisions of nation-wide import were made by the United States Supreme Court in December. The first, American Steel Foundries v. Tri-City Trades’ Council we give, probably in full, elsewhere, as taken from the “New York Times.” It is on the subject of strikes and picketing, and speaks for itself. Another tested the law of Arizona, which made picketing, etc., that tended to destroy an employer’s business, lawful, and the law was held to be unconstitutional, although by a divided Court, 5 to 4. Among the dissenters was Mr. Justice Pitney. The main opinion was lengthy and explicit, and we think, fair and just. The third was on the subject of the “open competition” plan by which members of the National Hardwood Manufacturers’ Associations believed they were getting around the Sherman Act, but are now told by the Court their practices are in restraint of trade. The Association was prosecuted by the Government in the Federal Court at Memphis, and a permanent injunction was obtained against continuance of the practices of filing by hardwood concerns of reports of business operations with a central organization, such reports being open to all other members of the organization. The opinion holding the conduct of the members of the Association to be illegal was delivered by Justice Clark. As usual, of late, there were dissents, this time by Justices Holmes, Brandies and McKenna. The meetings of the members resulted in concerted action, Justice Clarke stated, to raise prices regardless of conditions, and the plan was termed by him “misleading and a misnomer” and “an old evil in a new dress and a new name.” He added that instead of a plan to promote open competition it operated to restrict competition. It was futile, he said, to argue that the plan was merely to furnish information which could not be otherwise obtained. The secretary of the Association, through an expert statistician, utilized replies to questionnaires and other information furnished by the members of the Association as the basis for bulletins and advices. These replies also were utilized in predicting and promoting advances in prices, by withholding of products from the market, awaiting higher prices.