Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1902-05-16
WHOLE NUMBER 2,188.

who have sold their shares to it, had
every reason to believe, and did be-
lieve, that such sales were not in any
way in 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 q COM
peting railway company has been ac-
qulred BY its competition, or the
shareholders thereof; such acquisi-
tion including many of the principal
railways doing business throughout
the country. This has been doEe
without objection from any branch of
the government OF the United States,
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 whatever.
This defendant was not organized
for the purpose of acquiring ma
jority 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 slightest degree, and has
not had and cannot have any such
effect. The transactions referred to
in the petition have consisted in the
organization of lawful corporation,
and the purchase of property by it.
All acts done in relation to the Or
ganization of this defendant and in
the conduct of its 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 here
after have any effect to restrain trade
or commerce among the several
States or with foreign nations (Which
is hereby denied), that effect would be
merely indirect, remote, incidental
and collateral, and not intended, and
as nothing compared with the great
expansion of the volume of interstate
and international commerce which
WIS intended. and which this dofond-
ant believes is destined to result from
the enterprise of the two railway COM
panies, that eliminated in the pur-
chase of the Burlington stock.
And this defendant says:
l. The antitrust act" was not
intended to prevent or defeat an enter.
prise, in aid OF a great competitive
interstate and intern ational commerce,
merely because such enterprise may
carry with it the possibility of incl
dental restraint npon some commerce,
tritiing both as respects territory ard
volume.
| 2. Nor was the act intended to
limit the power of the several States
to create corporations, define their
purposes, fix the amount of their
capital, and determine 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 regulate any of the matters
above mentioned in respect to corpora
tions created by the States; and be-
cause
Persons may not be deprived ol
their property, without due process OF
law, by taking from them the right to
sell it, as their interest may suggest.
There is defect OF necessary par.
ties defendant, because. as already set
forth, the persons who made sales oil
stock of the said railway companies to
this defendant were numerous, ex.
ceeding more than 1900 in number
and few of them had any connection
whatever in the planning or forming
of this defendant, and in their alb
sence from this litigation no decree
can be made, affecting their rights in
the premises.
| And this defendant denies all and
l all manner of unlawful combination
and confederacy wherewith it is by tn,
said petition charged, without this
and if there is any other matter
cause or thing in the petition con
tained material or necessary for thi
defendant to make answer unto, ant
herein or hereby we'll and sufficient,
answered, confessed, trayers ed, an,
avoided or denied, the same is no
true to the knowledge or belief of thi
defendant; all of which matters An,
things this defendant is ready ant
willing to aver, maintain and prove
as this honorable court shall direct
and humbly prays to be hence dis
missed, with its reasonable costs ant
charges in this behalf most wrongful
( sustained.
The defendant, in answer to tn
purely technical portion of the plain
, tiff's petition, admits the formal fact
set up concerning the organization G
the Northern Pacific and Great North
r ern railway companies and the terri
D tory which those companies cover
= The defendant admits its formatio
under the laws of the State of Ne,
Jersey, but denies the allegations {
, the petition concerning the purpos
n | for which it was organized.