Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1902-05-15
rate-making power with them. is less
than two per cent Of the total interstate
traffic OF the two companies.

rate-making power with them. ID less
than two per cent Of the total interstate
traffic OF the two companies.
Not In Violation Of Law.
The sale and transfer OF property,
whether In the form of shares Of corpor-
ate stock or otherwise. has never been
adjudged to be. and is not. in violation
known as the "Anti-Trust Act
This defendant Is not railroad COM
pany. and 1t has no power to operate or
manage railways or make or control
rates OF transportation, nor to monopolixs
or restrain traffic OF any kind. So far
from intending to violate any provision
Of said act Of Congress, the persons who
were concerned in organizing this defend
ant and those who have sold their shares
to it, had every reason to believe, ana
did believe. that such sales were not in
any way contravention of that act. In
common with the general public they
were aware that during the eleven years
since the passage of that act. in many
instances the stock of competing rail-
way company has been acquired by Its
competitor, or the shareholders thereof:
such acquisition, including many of the
principal railways doing business
throughout the country. This has been
done without objection from any branch
and has invariably proven beneficial to
the railway companies concerned, and to
the public; and those making sales Of
stocks to this defendant had no reason
to believe that such sales were open to
any legal objection or question what
ever.
No Attempt to Control Rates.
This defendant was not organized for
the purpose of acquiring majority Of
the stock Of either the Great Northern
or the Northern Pacific Company, but
merely to purchase the stock of those
who wished to sell, as above stated;
and was not organized for the purpose
of controlling railway rates in the slight
est degree, and has had not had and
cannot have any such effect. The trans
actions referred to in the petition have
consisted in the organization Of q lawful
corporations; and the purchase Of prop
erty by 1t. All acts done in relation to
the organization of this defendant and in
the conduct of it's business have been
expressly authorized by law, and have
had no effect whatever to restrain trade
or commerce among the several states
or with foreign nations. If these lawful
transactions should hereafter have any
effect to restrain trade OF commerce
among the several states or with for
eign nations (Which is hereby denied),
that effect would be merely indirect, re-
mote. incidental and collateral, and not
intended, and as nothing compared with
the great expansion of the volume of
interstate and international commerce
which was intended, and which this de-
PENDANT believes Is destined to result
from the enterprise Of the two railway
companies. that eliminated in the pur-
chase of the Burlington stock.
And thist defendant says:
!. The "Anti-Trust Act" was not in
tended to prevent or defeat an enter
prise. in aid Of a great competitive inter-
state and international commerce. mere
ly because such enterprise may carry
with 1t the possibility Of incidental re-
stratnt upon some commerce. trifling
both as respects territory and volume.
2. Nor was the act intended to limit
the power Of the several states to create
the amount Of their capital. and deter
mine who may buy. own and sell their
stock.
3. Otherwise construed. the act would
be unconstitutional. because:
The power to regulate commerce with
foreign nations and among the states
does not give Congress the power to reg
ulate any Of the matters above men
toned in respect to corporations Gre
ated by the states; and because
Persons may be deprived Of their prop
erty. without due process Of law, by
taking from them the right to sell it, az
their interest may suggest.
There Is q defect of necessary parties
defendant, because, as already set forth,
the persons who made sales of the stock
of the said railway companies to this de-
PENDANT were numerous, exceeding more
than 1900 in number, and few Of them
had any connection whatever in the
planning or forming Of this defendant,
and in their absence from this litigation
no decree can be made affecting their
rights In the premises.
Combination Denied.
And this defendant denies all and all
manner Of unlawful combination and
confederacy wherewith 1t is by the said
petition charged, without this, that II
there is any other matter, cause or thing
in the petition contained material or nee
essary for this defendant to make an
swer unto, and not herein or hereby we'll
and sufficiently answered, confessed.
traversed. and avoided or denied. the
same is not true to the knowledge or be-
lief of this defendant; all Of which mat
tiers and things this defendant is ready
and willing to aver, maintain and prove
as this honorable court shall direct. amt
humbly prays to be hence dismissed. with
its reasonable costs and charges In this
behalf most wrongfully sustained.
PLAN EARLY VACATIONS.