The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-22
Remark by Justice white That Indi-
Gated the Court Thought the Time
Was Ripe for Inquiry.
HILL, MORGAN AND OTHERS
PROBABLY WILL BE EXAMINED BY
THE COMMISSIONERS.
Case Regarded as One of the Most
Vital That Has Come Before the
Justices in Years.
Special to the indianapolis Journal.

Special to the Indianapolis Journal.
WASHINGTON. April 2l.-The United
States Supreme Court has decided that the
time has come to investigate the big in
dustrial mergers. That is what the de-
cision TO take up the railway merger suit
on the petition of the State of Washington
means When w. 3. Stratton. the attorney
general of the State of Washington. was
presenting the petition of his State one
week ago Mr.. Justice White asked one of
the attorneys for the Northern Securities
Company If it was not proper for the State
70 seek relief in this way if it could get
standing in no other court.
There is no precedent for such action"
replied the attorney briefly
Never before did such a corporation ex-
ist." promptly responded Mr.. Justice
White, and Immediately there was a con-
viction in the minds of the listeners in the
courtroom that the United States Supreme
Court was on the point of being ready to
investigate the giant industrial combina-
tions which are taking so prominent part
in the political and commercial life of the
day.
When the State of Minnesota was in the
United States Supreme Court praying for
relief against the Northern Securities Com
pany the assistant attorney general, who
was listening 10 the proceedings as an
agent Of the government, remarked: ut
is only question of short time until this
court goes into this question thoroughly
and comes TO an important conclusion. /
do not know whether Ii will be on this case
or some other. 1t will dodge the question
as long as it can, but 1t is an issue that is
pressing home and cannot be put aside
much longer"
This same attorney said to-day that the
court had practically decided there must
be searching investigation Of the con-
struction Of these big mergers. and that
the officers and agents would be brought
into court to give an accounting.
The solicitor general of the treasury,
John K. Richards, who was in court watch
ing the case for the government, expressed
the greatest satisfaction with the decision of
the court 10 permit the filing of a COM
plaint against the Northern Securities
Company. He SAID that 1t meant that the
court would take up the case which Attor-
ney General Knox was bringing against the
Northern Securities Company in the fed
eral courts. He said it convinced him that
the Department OF Justice was on the right
track.
THE PROPOSED INQUIRY.
The reason why jurisdiction was refused
In the recent Minnesota case and leave
given to begin suit in this is somewhat
confusing 10 the lay mind Chief Justice
Fuller simply said the facts were sufficient
ly different TO cause the court to follow
the precedent of the Louisiana-Texas case
IN this instance. Subpenas were issued re-
turnable in October. Court will adjourn in
less than two months, and the only action
expected before then is the appointment of
a commissioner TO take testimony. The
Northern Securities Company may file a
demurrer. but those interested do not think
such action will prevent the taking of tes
timOny during the summer. This commits
sioner will take such testimony as will tell
all about the inception. organization. con-
struction, existence and rights OF the
Northern Securities Company. He will take
UP the various securities and follow their
transfers. He will bring Mr. Hill and Mr.
Morgan into court TO tell about them. II
is expected he will be given extreme Iati-
tude in ascertaining the power of the COM
rany TO fix rates. TO divide territory. to
grant rebates and TO control commerce
This testimony will be presented TO the
court in transcript form and have the same
standing though the witnesses had been
examined in the court. Arguments will be
made based on this evidence. The suit is
the most important, excepting the insular
cases, with which the court has had to
deal for years.
In to-day granting the State of Wash
ington leave 10 file an original bin for an
injunction against the Great Northern Rail
way Company. the Northern Pacific Rail-
way Company and the Northern SecurI-
ties Company in accordance with the ne
titiCn OF that State recently fled in
the court, Chief Justice Fuller stated
that the court had always exercised the nj
most care in its proceedings In original
cases. and that the present decision ~
grant leave to file was intended 10 be en-
tirely without prejudice 10 either party at
interest.
The chief Justices opinion was very brief
and consisted entirely Of review OF origi-
nal cases Of the same character which
have been brought 20 the attention of the
court The two most important OF the cases
thus cited were the case Of the State OF
Louisiana vs.. the State of Texas concern
ing the quarantine regulation OF the latter
State In which leave was given 90 file and
the State Of Minnesota vs.. the Northern
Securities Company. In which the petition
10 file was denied. Referring 10 the latter
case he said the petition had been refused
because Of the insuperable objection that
Indispensable parties 10 the case could not
be brought into the court This objection
did not. however. confront the court in the
present case. and the court felt that be-
cause OF its desire 10 proceed with the ut
most care and deliberation In all cases
where original actions are brought in this
court, the precedent OF the Louisiana
Texas case should be followed rather than
that Of the Minnesota case in the present
instance. Hence. leave 10 file would be
granted and subpoenas would be issued re-
turnable on the first day or the next term
Of the court In October
The usual practice IN equity cases has
been 10 hear such applications" the chief