The Savannah morning news., 1903-04-10

| power to control all the means of
transportation that are owned by two
competing and parallel railroads en-
gagged in interstate commerce. The
power was not only acquired by the
combination, but it. is effectually ex-
ercised and it operates directly on in
terstate commerce.
Again, it is urged. tentatively, that
II the existing combination, which the
| government seeks to have dissolved, is
held to be one in violation of the anti
trust act and unlawful. then the act
unduly restricts the right of the in
dividual to make contracts buy and
sell property, and is invalid for that
| reason"
This contention, the court says, is
met and answered by the decision in
Addyston Pipe and Steel Company
versus United States. where the court
says:
The provision of the constitution
does not, as we believe, exclude Con-
gress from legislating with regard to
contracts while in the exercise of its
| constitutional right to regulate COM
merce among the states. On the con-
trary, we think the provision regard
ing the liberty of the citizen is to some
extent limited by the commerce clause
| OF the constitution, and that the power
of Congress to regulate interstate COM
merce comprises the right to enact a
law prohibiting the citizen from en-
tering into those private contracts
which directly and substantially, and
not merely indirectly, remotely, Incl
dentally and collaterally, regulate to
a greater or less degree commerce
among the states"
More Defense Contentious.
Learned counsel for the defendants
ont aV16 &c frlI
antitrust law was not intended to
include or prohibit combinations look
ing to the virtual consolidation of
parallel and competing lines of rail-
road, although such a combination
operates to stifie competition; that no
relief can be granted to the govern
ment in this instance, because the
combination, or conspiracy, of which
it complains, has accomplished its
purpose, to wit, the organization of
the Securities Company and the lodg-
ment of the majority of the stock of
the two railroads i'm it's hands before
the bill was filed; and finally, that the
combination proven was one formed
in aid of commerce, and not to re-
strain it; in other words, ii was one
formed to enlarge the volume of in
terstate traffic and thus benefit the
public.
THE court cannot assent to either of
these propositions. The first, we think,
is clearly untenab BILE, for the reasons al
ready stated. Concerning the second
contention, we observe that it would
be a novel, not to say absurd, inter-
probation of the antitrust act to hold
that after an unlawful combination is
formed and has acquired the power
which it had no right to acquire and
is proceeding to use it and execute the
purpose for which the combination was
formed, it must be left in possession
of the power that it has acquired, with
full freedom to exercise it. Obviously,
the act, when fairly interpreted, will
bear no such construction. The gov
eminent may intervene and demand re-
lief as we'll after the combination is
fully organized as while it is in pro-
cess of formation,
Relative to the third contention,
which has been pressed with great zeal
and ability, this may be said: 1t may
be that such virtual CONSOLE
dalton of parallel and Compel
ing lines of railroad as has
been effected taking broad view
of the situation, is beneficial to the
public rather than harmful. 1t may
be that the motives which inspired the
combination, by which this end was
accomplished, were wholly laudable
and tinselish; that the combination
was formed by the individual defend
ants to protect great interests, which
had been committed to their charge;
or that. the combination was the in
itial and necessary step in the accom-
plishment of great designs, which, if
carried out as they We're conceived,
would prove to be of inestimable value
to the communities which these roads
serve and to the country at large.
. WE shall OaithpS. q FIJI RIM nor 6epv
either of these propositions, because
they present issues which we
are not called upon to determine, and
some of them involve questions which
are not within the province of any
court to decide, involving as they do
questions of public policy which Con-
gress must determine. 1t is our duty
to ascertain whether the proof dis
closes combination in direct restraint
of interstate commerce. that is to say,
a combination whereby the power has
been acquired to suppress competition
between two or more competing and
parallel lines of railroad, en-
gagged in interstate commerce
If it does disclose such a combination,
and we have little hesitation in an
swering this question in the affirma-
tive, when the antitrust act, as it has
been heretofore interpreted by the
court of last resort, has been violated,
and the government is entitled to a
decree.
Decree of the Court.
"A decree in favor of the United
States will accordingly be entered to
the following effect: Adjudging that
the stock of the Northern Pacific and
Great Northern companies, now held
by the Securities Company was ac-
quired in virtue of combination
among the defendants, in restraint of
trade and commerce among the sew
eral states, such as the antitrust act |
denounces as illegal; enjoining the Sc
curities Company from acquiring or at
tempting to acquire, further stock of
either of said companies; also enjoin-
ing it from voting such stock at any
meeting of the stockholders of either |
of said railroad companies or exercis-
ing, or attempting to exercise, any con- |
troll direction or supervision or influ- |
ence over the acts of said companies, |
or either of them, by virtue of it's hold |
ing such stock; enjoining the North |
ern Pacific and Great Northern COM |
panies, respectively, their officers, d. |
rectors and agents. from permitting |
such stock to be voted by the North |
ern Securities Company, or any of it's |
agents or attorneys on its behalf at |
any corporate election for directors or |
officers of either of said companies. |
and likewise enjoining them from pay |
ing any dividends to the Securities |
Company on account of said stock, or |
permitting or suffering the Securities |
COrnDanV to exercise anV control what |