The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-03-05
ANTI MERGER BILL
READY TO Be FILED
Attorney General Knox Com
pleteS Its Preparation.
TO GO TO SUPREME COURT
Legality of the Combination Will Be
Thoroughly Tested-Case Involving
Right Of Railway Companies to Form
Rate Pools to Be Instituted.

II is understood in welI-informed cir
Giles that Attorney General Knox has com
pleted the bill Of complaint which he will
file this week in behalf Of the United
States against J. Pierpont Morgan. James
J. Hill and others for the purpose OF
preventing the merger Of the Great
Northern and Northern Pacific Railway
Companies into the Northern Securities
Company. Mr.. Knox has just returned
from New York and SO is pretty definitely
settled that the bin will Dee presented to
the court OF the Eighth Judicial District.
sitting 40 s. Paul Lawyers OF the Gov
eminent saw that the case seems 10 DE
wen understood. and do not think il viii
De necessary 90 demand auch additional
testimony after the answer OF the de-
PENDANTS has been received by the court
Attorney General Knox and his assistants
compiled the SiU after an exhaustive in
vesuCstCn OF matters pertaining 10 the
merger. which action involves. according
TO an experts definition. the combination
OF two stock corporations by a holding
corporation, and which. under constitu-
tionaI law. is held to be illegal.
In addition 70 this complaint. it is also
said that one Of the chief points to be
brought ont in the suit is the legal diff
ference between industrial monopoly, or
combinations controlling production. and
monopoly with respect to commerce
among States and transportation. Indus
trial trusts. 1t is asserted, operate le-
gally upon the force Of the decision, rem
dered in 1893 by the Supreme Court Of the
United States in the case Of the United
States against Knight In this decision,
It is pointed out, the court held that the
control Of production was not a national
issue. Legal officers Of the administra-
tion, who are sanguine as TO the outcome
Of the Governments contentious. point
cut that il is specifically provided in the
constitution that the national Govern
ment shall have jurisdiction over the in
terstates commerce.
To Go to the Highest Court.
From the Circuit Court the case will be
carried before the Court Of Appeals, and
finally to the Supreme Court When the
answer Of the defendants is read. if the
desired information is conceded therein.
there viii be no necessity for taking
testimony, and each side Of the case will
be argued at once. Otherwise both J.
PierpOnt Morgan and J. J. Hill viii have
20 be summoned 10 give testimony before
the court. The arguments for the Gov
eminent will be made by the Attorney
General and Solicitor General Richards
the latter having assisted Attorney Gen
eraI Griggs In the insuIar test case. It
TrE- q
johnson. Of Philadelphia. one Of the best
known corporation lawyers in the coun-
try, and Mr.. Guthrie, Of New York, have
been retained by Messrs. Morgan and
Hill. AS the defendants are anxious 70
have the dispute settled as soon as pos
sibIe. il is expected that they will DO
everything 10 expedite the litigation
There has been a great deal Of inter
est excited in this suit, involving, as IL
does, a prOdigiOus amount Of interest,
both private and governmental, and law
yers say that II is second in Importance
only 10 the Philippine cases
Asked as to Bombs"
It is said that within a week the Presi-
dent has had two propositions submitted
TO him by the moving powers on the
merger The first was the blunt ques-
zion whether there are any more bombs"
10 be fred by him that will have a tenden-
Cy 10 stir up Wall street The President
answered with an emphatic no"
The second was a request 10 hurry the
SctiOn against the merger, so that IL may
be decided as soon as possible and the
feeling of uncertainty removed. President
Roosevelt said he would urge on the At
torney General the desirability OF imme-
date action.
Test Legality Of Rate Pooling.
Il is said that Attorney General Knox
will also shortly institute injunction pro-
ceedings in some United States court
against certain railways which have been
charged by the Interstate Commerce Com
mission with persistently violating the
raw prohibiting rate pooling. cutting. and
rebate The idea is TO gct a judicial rul-
ing regarding these provisions Of the in
terstate commerce act, and the matter
viii probably be carried up 70 the United
State Supreme Court. IL has not yet been
definitely decided in what court the suit
shall be brought or against what partic-
ular roads "a shall be directed.
The recent report o. the commission
contains much evidence that viii be used
by the Government IN prosecuting the
grrff