Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-11-27

Subject Will Be Given Consider
| able Attention in His Mes.
/ sage Next Week.
Great Interest Taken in thu
Proposed Railway Merger at
the Capital.
Washington, Nov. Eff Governo
| Van SAINT, of Minnesota, wishes to Sc
| cure an opinion from the supreme cour
! of the United States as to the validity
| of the Northern Securities Company ant
| its powersto control the policy govern
| iIg the Northern Pacific and Grea
Northern railroads, he should, it Is ar
gued by some persons here, make ar
official presentation and complaint to the
attorney general of the United States
and request that official to institute suit
against the corporation charging it with
violating the Sherman antitrust law.
THE department of justice is not go
ing about looking for trouble" said one
Of the officials in that department yes
terday, but it is ready to investigate
complaints, and any complaint made in
the name of Minnesota or any other
state by it's executive will receive
prompt attention.
President Roosevelt and Attorney
General Knox both look upon this new
attempt to merge great railroad proper
ties as SO serious an attack on interstate
commerce as to bring the trust question
most forcibly to the front They have
given considerable attention to the ques-
ton. and the president is said to have
added a paragraph to the trust chapter
in his message calling specific attention
TO the railroad trust sought to be estab-
lished by the organization of the North
ern Securities Company.
President j. j. Hill of the Great
Northern, Dan Lamont of the Northern
Pacific, Horace Burt of the Union Pa
CHIC, A. B. Stickney, president of the
Chicago Great Western, Thomas ].
Lowery and Clinton Morrison, who are
interested in this railroad deal, have all
called OH the president and advised him
to leave this question to the northwest
ern states and keep his hands Off They
have not been successful. The president
will discuss the question in his message
and recommend that congress enact
some legislation to strengthen the anti
1ay ho Of ye
looking for trouble" but he considers II
his duty to investigate complaints. espe-
cially when these are made on the au-
thority of state.
II the governor of Minnesota brings
an original suit in the<supreme court for
an injunction he will have to do 1t in the
name of the state, as the constitutional
provision requires state to be a party
TO such original suits. There would also
be some grave doubt about the supreme
court recognizing the right of stateto
sue for an injunction against a corpora
ton, thus making 1t an original suit in
this court of last resort.
The other plan is looked upon as more
practical by lawyers here and also more
desirable, because 1t would bring up the
whole question for final settlement The
department of justice has not brought
suit against the steel trust as in viola
ton of the Sherman antitrust law be-
cause the decision Of the supreme court
in the suit instituted against the sugar
trust in 1884 practically settles that
question against the government. The
sugar trust was held not In violation
of the antitrust law, because whatever
1t sought to establish was in
the manufacture of a commodity and
not in interfering with interstate COM
merce. The steel trust is organized as
was the sugar trust, and whatever mo-
ropoly it seeks is in the manufacture of
q commodity. not in the control Of inter-
state commerce.
The railroad trust is, however. another
1t seeks to control inter-
state commerce by merging interstate
lines of railroad and wiping out compe-
tition. The question is as to whether the
railroads can do thru the agency of a
new corporation organized in New Jer-
sey what they could not do by agree
ment among themselves. The supreme
court held that the trans Missouri
freight association and the Joint Traffic
<1eocSAesAoit NSAS III iSSlIolul VI ITGQe
and in conflict with the anti-trust law. |
1t is now held by some of the lawyers in
The department Of justice that the
Northern Securities Company Is only
another means to the same end as the
Joint Traffic Association and that the
court will have to rule that it is in re-
straint of commerce. AS the business of
railroads which cross state lines is in
ferstate commerce any attempt to form
A trust or corporation for the control of |
lines must be regarded as an
attempt to secure monopoly in such
commerce and that is in restraint Of
trade
The department of justice may in due
time begin suit against the railroad
trust, but it has no official information
IN the subject at present while 1t has a |
great deal of business in hand. If the
governor will present the
natter in the proper way and give the
department. some information showing
in what manner the company is violat-
ng the law in that state his complaint |
viii be acted upon. Governor Van SAINT
could do this and at the same time nro