The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-03-05

Butidss,g, WasAtnato,.. IS. -
Washington, March Sit is understood
that Attorney General Knox has COM
pleted the bill OF equity in the suit to be
brought against the Northern Securities
company, and that the suit will begin late
this week or early next. The lawyers for
the government say that the case seems
to be we'll understood and do not think
it will be necessary to demand much adj
ditional testimony after the answer Of the
defendants has been received by the
court. Attorney General Knox and his
assistants completed the bill after an ex-
haustive" investigation Of matters which
the action involves, according to an ex-
pert's definition, and the combination Of
two stock corporations by a holding cor
poration and which, under constitutional
law, is held to be illegal.
In addition to this complain It, is also
said that one of the chief points to be
brought out in the suit Is the legal Diff
ference between Industrial methods or
combinations controlling production
and monopoly with respect to commerce
among the states and transportation. In
dustrial trusts, it is assert ed, operate
! legally as the result Of a decision rem
dered in 1893 by the national supreme
court, In the case of the United States
against Knight. In this decision. it is
pointed out, the court said the control Of
production was not, national Issue. Lega
officers of the administration who are
sanguine of the outcome of the govern.
ment's contentious point out that it is
especially provided in the constitution
that the national government shall have
Jurisdiction over Interstate commerce
From the circuit court it will be. carried
before the court of appeals, and finally. tt
| the supreme court. When the answer @
! the defendants is read, If the desired in
formation is conceded therein, there will
be no necessity for the taking of tasti
I mony and each side of the case will b,
argued at once. Otherwise both sJ Pier
pant Morgan and j. j. Hill will have t,
be summoned to give testimony before tn.
cour.. .as 4ysl si ~ y :,
4 Nothing is known here Of an, agre emen
between the attorney general and defend
ants to push the case to a speedydetermi
lnation. Independently Of any such agree
|ment, however, the governments inten
ton is to push the case along as rapid
as possible. 1t will not be possible, evel
under the most favorable condition, to &c
a final decision within few weeks or
month. The department of Justice think
this case is the most important Of recen
years, being second only to the Philip
pine decision. $50
NO MORE The interstate com
4 merce commission,
| PULLING. view of the disclosure
brought out at it's recer
hearings in Chicago, regarding extende
and long-continued violation of the inter
state commerce law, especially so fe
as packing house and grain shippers al
| concerned, has determined to do all
can to prevent those violations. I'll
Chlcago disclosures were revelation, fl
members or the commission tell me the
mad no idea rebates and pooling were b,
ing carried on to so wide an extent !;
those disclosures indicated Jan. 81 8
order was issued by the commission, tn;
inc testimony taken in Chicago be trans
mltted to United States district attorne,
at the railway centers interested and
, the president and attorney general.
these points Injunction suits against raj
road companies implicated in pooling al
y IN rebates will be brought, with the adyi
, OF the attorney general. The intersta
- commission is determined that these vi
latlons must cease. The commission b
:. nothing whatever to do with the antitru
I law and is not charged with its enforc
e ment What the department of Justice
doing to enforce that law against +
Northern Securities company is not viii
IN the knowledge of the commission al
t does not directly concern it. A memb
n OF the commission said to me to-day:
), so lar as these railway associations 8
s concerned, unless they accomplish somatbi
d in the nature of pooling, they are not anita
W onistic to the interstate law Traffic assoc
: tions, in other words. are not unlawful
., themselves. 1t is only when they underta
e to pool and to pay rebates that they beco
IS lawbreakers.
w. w. Jermane