Boys will be trusts

Through the years, the family has credited every invention to its boys. The trusts followed. Now and then, so did the courts.

An 1889 cartoon: giant money bags in top hats, each labeled as a trust, stand over the senators at their desks, and the people’s entrance is closed.
Cartoon: Joseph Keppler, Puck, 1889, public domain, via Wikimedia Commons · credits

Seen here: the boys, minding the Senate, in 1889.*

*The people’s entrance was closed that day. It has not reopened.

The inventions, credited to the boys

The trusts that followed

Every invention needs a family to own it, and every family needs a trust to hold it. The courts called them monopolies. We called them the family business.

The real answer

  • In 1904 the Supreme Court affirmed the decree against Northern Securities, the holding company over two competing railroads (193 U.S. 197).
  • In 1905 it affirmed, with changes, the decree against the meatpackers’ combination (196 U.S. 375).
  • On May 15, 1911, it affirmed the decree dissolving Standard Oil’s combination by the transfer of its stocks (221 U.S. 1).
  • Two weeks later it held American Tobacco’s combination illegal and sent the case back for it to be undone (221 U.S. 106).
  • In 1948 it ruled against the studios and sent back the question of selling their theaters (334 U.S. 131).
  • In 1982 a federal court entered the antitrust decree that broke up the Bell System (47 U.S.C. § 152 note).

The ones the family won

Some years, the family won. Commerce succeeds to manufacture, the Court once said. The family succeeds to both.

The real answer

  • In 1895 the Supreme Court held that refining sugar was manufacturing, not commerce, and left the Sugar Trust standing: “Commerce succeeds to manufacture, and is not a part of it” (156 U.S. 1).
  • In 1920 it affirmed the lower court’s refusal to dissolve the steel trust (251 U.S. 417).