davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-02
REJECTS DOCTRINE OF
VICIOUS INTEREST

am compelled toasreject the doctrine
that any person can be held to have
committed. or to be purposing and about
to commit highly penal offense, merely
because it can be, Shown that his Pc
cuniary interests will be thereby advanc-
ed, and that he has the power either di-
rectiy by himself. or directly through per-
suasion or coercion of his agents, to COM
pass the commission of the. offense
Although the bin AYERS that the acts
of the defendants complained of are in
violation of the act of congress of July
2, 1890 (the Sherman antitrust act), the
state of Minnesota has no authority to
enforce that act by bill or Injunction.
Such suit can only be instituted on
attorney general under the special provis-
ions giving the United States circuit.
courts jurisdiction to prevent and restrain
by injunction violations of this act.
The state antitrust act contains no
provisions for restraining or enjeining
violations of its provisions AS before
stated. it is a highly penal statute; and
without special statutory authority a
restrain the commission Of criminal of
lenses which involves no threatened de-
struction of property or property rights
Fhird-The charge in the bill that the
acts of the defendant contravene the stat
utes of Minnesota prohibiting the consoli-
dation of parallel and competing lines
of railroad presents different question.
Parallel Lines Considered.
Chapter 20 of General Laws of Minneso-
ia, 1874, provides as stated:
No railroad corporation, or the lessons
purchasers or managers of any railroad
corporation, shall consolidate the stock.
property or franchise of such corporation
with, or lease or purchase the works or
franchise of, or in any way control, any
other railroad corporation owning or hav-
ing under its control parallel or COM
peting line etc. This is the only stat
ute on that subject Of consolidating par
allel and competing ra ilroads that need
be considered, as it covers what ver is
contained in any other. This statute is
a valid exercise or the police power Of
the state. Louisville, ETC., r. R., VS.. Ken
lucky, 141 u. S. s77.Ef
The prohibitions against consolidating
applies: is
(First1-To railroad corpora tons The
Northern Securities company is not a
railroad eorporation, and neither the
Great Northern company nor the North
ern Pacific company in its corporate ca
pacity did any Of the acts charged.
(Second)-Lessees Of railroad corpora
tfons There are none.
(Third)-Purchasefs of railroad corpo-
rations Constituting . this term as APP
plying to those who dacquire by deed or
decree, having capacity to hold and en-
joy the franchises and operate the rail-
road,-there were none in this case.
(4 Managers Of railroad corpora
lions. A railroad manager is the per-
son having the administration, charge
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-02

all contracts madF=between railroad
fSe eees 5pf agd oavb bg
fixing rates or emiptUWering persons to
fix them, and agreeing to conform to
them wilen fxedS fare in restraint of
statute. whether ti1esdates so fixed are
reasonable or unreasonable
(b) That contracts between divers
manufacturers of az cpmm odity respecting
their sales of that, eommodity to be de-.
livered by them outside the State, having
the direct effect of st1ihg competition and
raising the cost of the article to the pur
within the statute 10
(c) That contracts (which do not di-
rectly and necessafilyo affect transporta-
ton, or rates therefor are not in re-
straint of trade on within the statute,
even though they mag remotely and in
directly appear to have some probable eff
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-02

tween rival railroads resulting in rate
wars, sporadic struggles for particular
contracts or consignments, as well as all
rebates open or Secret. all alike unfair or
ru1nous to carriers and Shippers, are pro-
hlb1ted under penalties, and intended to
be entirely eliminated and done away
with; leaving as the only basis OF compe-
tItion between rival carriers the furnish
ing of better accommodations and the
greater safety and celebrity of carriage.
All complaints that published rates are
unreasonable are heard and determined
py these state officials. who may fix rates
binding on the railroads: thus necessarily
making rates uniform as between rival
railroads.
As result of the policy. and the alb
solute power of the state officials to fix
rates, and keep them at the lowest
reasonable figures. competition between
rival railroads no longer reduces rates
as II d1d when railroad companies alone
controlled them.
On the contrary, where two or more
tween two places the necessity of CON
sldering greater fixed charges and great
er cost of administration and operation
may make the reasona Bile rate for frans
portation greater than if the whole bust
ness could be done and was in fact done
by one railroad.
Court Cannot Interfere.
However that may be, the Northern
Securities company is but an Investing
stockholder in these two railroad com
them or to interfere with the manage
ment or control of either. Because of
Its large holdings of these stocks it NAV
elect the board of directors of each. who
must be composed of entirely diffirent
persons.
Each board will appoint the officers and
control the business and affairs of its own
corporation and will naturally seek to in
crease its business and property.
Neither has any power to control the
other nor to contract with the other
in constraint. of trade There is no pre-
sumption that either will disobey the law
or be guilty of the commission of penal
offenses
Should they do these things then the
anti trust act of Minnesota will be for
the first time violated and the railroad
corporations ana their offending officials
Will be amenable to punishment. and to
appropriate legal or equitable proceed
Decree win be entered dismissing the
Dill.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-02

managers contrary to- this policy are
prohibited, there Is no statute disclos-
Ing any policy as to what parties (other
than competing railroad corporations)
shall own the stock of any railroad cor
poration or of any number of such cor
porations, or respecting the .amont Of
such stock which any one party NAV
own.
The bill truthfully states in substance
paragraph wiz that it has been the set
tied policy of Minnesota since it's organi-
zation as territory, to develop its re-
sources by the encourage of rail-
road building therein; and refers to the
many grants of land in aid of railroad
construction. AS showing the same policy
reference also might be made to very
many donations for the like purpose by
counties, cities and towns, under legisla-
tive authority
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-02
CONCLUSIONS OF LAW
ARE ENUNCIATED

One-It is obvious from the foregoing
facts that the Northern Securities COM
pany was incorporated with the purpose
and intent on the part of its promoters
that it should acquire by purchase, by
exchange of stock, and should own and
control a considerable majority of all the
stock OF the Northern racine company,
and thus secure that company against
the danger of any future raid upon its
stock which might place its management
and the resulting control of the Burling-
road corporation whose interests might
be hostile to the development and prop
erty of the Northern Pacific and Great
Northern companies, and their .seaboard
traversed by their railroad systems.
This was the avowed purpose of Mr.
Morgan and his associates who acted
with him, including Mr.. Hill and the
other large stockholders of the Great
Northern company, who also held large
amounts of stock in the Northern Pacific
company, and were apprehensive that any
hostile control of the Northern Pacific
ests to rival would be disastrous to
the development and prosperity of the
Great Northern company.
And at the very time when the North.
ern Securities company was formed and
Incorporated by means of the large hold
ings of Northern Pacific company stock
by himself and his associates acting with
him and by the then purchase by ]. p.
Morgan & Co. of the Hartman holding
of such stock, said j. p. Morgan was
able at once to transfer and have trans
ferred to the Northern Securities COM
pany a large and controlling majority of
the stock of the Northern Pacific COM
pany, as was done. thereby accomplishing
(as was belieyed) the purpose of securing
that stock against hostile raids in the
future.
To Keep Stock Together.
With respect to the stock of the Great
Northern company the evidence shows
that when the Northern Securities COM
pany was Incorporated it was the pur-
pose and intent of Mr.. Hill and other
large stockholders of the Great Northern
company who acted with him to sell and
dispose of to the Northern Securities COM
pany for its stock their several holdings
of stock in the Great Northern company,
aggregating then about $35, 100000 to the
end that such large amounts of Great
Northern company's stock should be kept
together, and Gas it was hoped aid in
giving permanency to the management
and policy which had controlled and was
controlling the railway and development
of that company
And it was their purpose that all other
stockholders of the Great Northern COM
pany who might choose to do so, should
be permitted to sell or exchange their
stock of that company for stock of the
Northern Securities company on the same
terms; and 1t was hoped and expected
that many would do so.
But the said Hill and his associates
had no power or controf~ which could
enakle them to transfer or cause to be
transferred to the Northern Securities
company so much as one fourth of the
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-02
RECITES NORTHERN
PACIFIC'S TROUBLE

Thereupon the said Hartman and
others acting in the interest of the
Union Pacific company, began rapidly and
quietly to purchase the stock of the
Northern Pacific company, intending thus
to acquire, majority of that stock and
the control of that company with its half
interest in the Burlington system.
The common stock of the Northern
Pacific company was $50, O00,O0 and it
had issued and had outstanding pre-
ferred stock to the amount of $75, 0O0,-
600, which had the same voting power
as the common stock, but which the
company by the action of its directors
might pay off at par, ana thus retire on
the first day of January. 1902, or on the
first day of a succeeding year
During the month of April and first
week in May, 1903. the said Hartman
and others acting with him In the in
terest of the Union Pacific company, pur-
chased and held a little more than $37,
100000 of the common stock and a little
more than SAL 100000 of the preferred
stock Of the Northern Pacific company
being more than SIS, 600, 600 In all, and
more than a majority of the aggregate
of the common and preferred stock Of
that company.
Morgan Company Appears.
But in the first week Of May. 1901, J..
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-02


ern and Northern Pacific companies, now
and for many years, severally own, ope-
rate and maintain a main line OF railway
extending from the cities of Duluth, 81.
Paul and Minneapolis westward across oL,e
states of Minnesota, North Dakota, Mon
tana Idaho and Washington TO Puget
sound; with many branches along the
route of each; and that said two systems
ard competing lines of railway; at least
between cities and towns reached or trav-
ersed by the lines of both of SAID Two
railways, among which are D "a. ~ n,,oi ol
Moorhead, East Grand Forks and several
other towns in the state of Minnesota; ana
that a reasonable degree OF competition
for the traffic between places so situated
on both said lines of railway has existed
in the past years.
State Grants Lands.
Second-The state of Minnesota has
heretofore made large grants of its
swamp lands in aid of the construction
of portions of the railways of each oil
said companies; and in the support OF us
various state Institutions, educational.
eleemosynary and otherwise, transports
annually large quantities OF goods, stores
and supplies upon said two railroads.. anu
large quantities of wheat and other prod
nets, owned and produced by citizens and
inhabitants of Minnesota, are annually
carried over said railroads from competl-
tive places in the western part OF the
state, to Duluth, st. Paul ana Mlnlleetp-
oils.
Third-In- 1874 the legislature of the
state of Minnesota enacted stature;
known as chapter 20, of the General
Laws of 1874, as follows:
Section NO railroad corporation, or
the lessees, purchasers or managers or
anv railroad corporation, shall consolidate
the the stock, property or franchise of such
corporation with, or lease or purchase
the works or franchise of, or in any way
control any other railroad corporation
owning or having under its control
parallel or competing line, nor shall any
officer of any other railroad corporation
owning or having the control OF a paraliel
or competing line, and the question
whether railroads or competing lines shall,
when demanded by the party complain
ant, be decided by jury as in other
civil cases.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-02
NJ, p.vn. Resumes Work.

WASHINGTON, d. c., Aug. !. =
Postmaster General Payne assumed
his official duties at the department.
today. He shows that his trip greatly
benefited him and he says he feels
very much improved.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-02

ter recognized every day The reduc-
lions in through rates have been so
great, and there are so many excur-
slons that the roads make little at
them, and the increase of receipts are
traceable chiefly to increased local
business. This is as true of the Pacific
coast as of the East and South bound
lines.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-02
EARNINGS SHOW INCREASE.
MiIwaukee's Receipts for Fiscal Year
Were Large.

Gross earnings of the Chicago, Milwau-
kee & ST. Paul for the month of June
show substantial increase, but owing to
large increase in operating expenses, net
earnings suffered loss from last year
of s101,446 The heavy expenses were
caused principally by the flood at Kansas
City. The company expects TO make
large net increase in July, as the business
of the road is unusually heavy.
Passenger earnings of the Milwaukee
for the year ended June 80 last We're $685.
600 in excess of those of the previous
year. This is regarded as a phenomenal
showing, in view of the fact that for the
year ended June 80 they were 81 900 900
ahead of the preceding one. so that the
increase in two years in passenger earn
ings on this road has been 81. $780, 900.
The detailed statement for June and for
the fiscal year is as follows:
For June Increase
Gross earnings ...... 81 050,923 Sill 206
and taxes -. 1896. ops 27S. $50
Net earnings ....... 1855, $50 +101 446
Fiscal Year
Gross earnings go: 1852 1877 2.O49, s18
Operating expenses
and taxes ........ 31.59S.174 1,4O1. 279
Net earnings ........ 16,O64,56 64S.3
sDecpease.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-02
LEGALITY OF NORTHERN
| SECURITIES is UPHELD

Continued From First Page.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1903-10-08
Heart Must Go with the Pen.

A good letter may be written by one
who disllkes to write letters; one who
disllkes to write may even, by force
OF intellect or Will. always compose
good letters, but this is not what is
meant by the elegant art of letter writ
ing. That art demands primarily not
alone an ease of outward form, but an
underlying love Of the thing. a natural
recourse to the pen as a means OF en-
joyment, as solace, as an unpremed-
itated expression OF thought or emo.
ton. 1t Is the presence OF this fac
tor In the constitution of the writer
that so often makes the letters of peo-
pie not superlatiyely intellectual or
learned far exceed in grace and charm
the labored efforts of minds Of pro-
found attaInments. Women are often
excellent letter writer's. The little
things that go TO the making OF the
perfect letter are appreciated by them,
the trihes of the outer world no less
than the trihes of the inner world of
human affections and endeavor Moth
ing kills the life of letter more sure
ly than the conscious or unconscious
feeling on the part of the writer that
1t Is not worth while to write this or
that. Absolute play Of pen is needed,
for the quality of style in letter writ
ing. evasive as 1t Is, tends rather to
discursiveness than to conciseness.-
Gunton's Magazine.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1903-10-08
Jeans Revenge.

An avenger need not necessarily be
naturalist, but there are cases where
he would take his vengeance more to
the purpose If he knew the habits Of
his victim. Lippencott's Magazine
tells story of Jean. the French-Ca
madam gardener, who was found
stamping on a little mound of fresh
earth and chuckling to himself.
"Ah, m'sieu'," he cried, triumph
antly, Il am not one to be trifed
With l am a cr-r-r-uel man when
once am arouse. M'sieu' will remem.
Der the mole that has long time raw.
age the strawberry beds of madame7 2
Every morning madame she say, Jean,
why catchest thou not that moleP
"But the mole was wise; e was
queek. Always l look and look, but
never can I find heem. But at last
-thees very morning. catch heem.
l hold heem tight in my hand
so-and l say, 'Aha-a-a! Is 1t thou,
then, that has vexed madame, and raw.
aged her beds Of the strawberry
Aha-a! You shall repent of thees wick
edness.'
"Then wonder how l shall kill
heem. He must be punished as well
as killed. 1 wonder and wonder, but
at last l have the grand idea. Ah,
it was cr-r-uel, m'sieu', that way l
kill heem! But what would you? Did
he not deserve Of the worst? But he
will vex madame no more. fix heem.
l bury heem alive!'
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1903-10-08
An Economical Mother.

Small Katherine, who had been for.
hidden to touch the ink bottle, had &C.
cidentally spilled its contents not only
all over her mothers desk, but on the
rug, several chairs and her own apron.
Her mother, on discovering the state
Of affairs, had expressed more surprise
than pleasure. When the father of
the family returned at night his little
daughter met him at the door and
asked:
Papa, how much does a bottle OF
ink costT
"Oh, about 8 cents"
give centsw exclaimed the ag-
gr1eved youngster. In a tone Of deep
disgust And to think that mamma
would make all that fuss about one
little bottle Of ink!v-Lippincott's.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1903-10-08
rae cAMERA Am rpucAroR.
II opena a New World 60 One Who
Uses IL Properly,


IL opena a New World 60 One Who
Uses IL Properly.
A friend of one OF our contributors
walked into the editors office the
other day with a request that we give
our attention to what he called an
"antlcamera crusade" says the Amer.
lean Inventor. He informed his
patient auditor that his small son had
lately become possessed OF zone OF
those devlllsh kodak things" and now,
by the great horn spoon, he wanted to
study artl II was mildly suggested TO
the lrate parent that sons have on
occasion done worse things, but a
muttered maledlction was the only re.
suit He did not give us time 10 tell
him what we really thought OF the
matter, 50 we are going TO do Il now,
In our opinion there no greater fac
tor to-day than the camera as a means
Of education. We do most emphati.
cally believe that the closer man gets
TO nature the more he knows, the
better citizen he makes and the moro
competent he is to bear his part as a
unit In the great machine humanity,
And the camera is the thing that
sends a man out into the country,
that makes him walk aud look, not
walk and think about his business.
II sends some Of It's devotees down
close to the ground for insect pictures,
others II makes climb trees for birds,
to others II holds out inviting hands
calling them where ocean bresxes blow
and to one and ali II exercises a
fascination and mysterious charm
which breeds. often from nothing. an
appreciation and love for the beauti.
fnl, without which no one can truly
say. II have lived"
In education the camera Is q bigger
man than the superintendent OF
schools, Bringing far scenes to the
textbook page for the sdiflcation of
the child to whom pictures are every
thing and print to- be- avoided evil.
telling story In scenes from the
north or south and making real to lit
tie minds the difficulties and dangers
which the explorer and the vanguard
OF civilization have TO face, II Is play.
Ing part In the better education OF
mankind that may well require an ad-
miration and reverence but little
second to that which the world pays
to the inventor OF letters and books.
So to that dissatisfied father whose
son Of sixteen was so broadened that
he knew his ignorance and asked for
an art training, and to all the multi
tude of parents whose children use
the camera TO the alternate amuse-
ment and disgust OF the household. we
would commend little educational
reading subscription 10 photo
graphic magazine and careful re-
preston Of oppression OF the camera.
1t does no harm, Il does great good-it
Is not waste OF time--it ia an cd.
ucational recreation, and last, but not
least. II Is not a "monomaniacal pur-
suit" but a broadener and deepener
OF the mind, and as such ls to be en-.
couraged and smiled upon.
DaEIiarre snlutpml
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1903-10-08
PnRhlna

In the "Memoir' of Robert Cham.
bers, by his brother William, is a
delightful alluslon to PEBBLES, their
birthplace, and a spot ever warm in
the loving memory of Scotch residents.
One of these, man who had lived
there all his life, was enabled by some
uplift of fortune to visit Paris. When
he came back, his townsmen grayely
gathered about him.
MOO" said one, while the others lis
tened, "tell us aboot It,"
"Paris," he began, "a' things con-
sidered, is a wonderful place. But
still, PEBBLES for pleasureP'
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1903-10-08
War Dogs.

The war messenger dogs Of the Ger
man army have hitherto been recruited
from the ranks of sporting dogs. But
change is to be made. The retrievers
we're not always sure letter-carriers, be-
ing often diverted from their mission
by game met en- route. They will be
replaced by Scotch shepherd dogs,
which have more endurance and are
more conscientious.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1903-10-08
narket Price.

One day little baby brother arrived
at Hamiln's house. and being of prac-
tical turn Of mind, he asked his moth
er how much she had to pay for him.
"How much do you think he ID
WORTH" returned his mother.
"Well," Hamlin reflected, che only
weighs ten pounds, so should think
ten dollars would be enough, because
beefsteak is only 20 cents pound.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1903-10-08
Misplaced Affection.

The Eskimos were very angry with
the active explorer.
"What did he dor" asked the mem.
Der of the relief expedition.
she petted our dogs" explained
the native.
''Is there any harm in petting your
dogs?"
''Yes; their tails were frozen stiff,
and when they went to wsg them they
broke of. STRAY Stories.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1903-10-08
The city Mans Advantage.

Jake (the hired man)-Thst city
boarder's the biggest fool ! ever seen.
WY, he don't even know enough tew
hitch up hoss.
Silas-He may not know enough to
hitch up hoss, Jake, but | notice he
can hitch up clusser tew your best girl
in five minutes than yew kin in hull
aYenin' Judge.
Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1903-10-08
Poverty n Denmark,

Denmark makes clear distinction
between the thriitless and the respecta-
BILE poor. The former are treated like
English paupers. The latter never
cross q workhouse threshold. II desti-
tnte, they receive pension ranging
from three pounds to seventeen pounds
year or, IL too feeble to look after
themselves, they are placed in an old
age home.