Morgan County democrat. (Versailles, Mo.) 1900-1906, 1903-12-18
THE NORTHERN
SECURITIES CO.
Hearing Of Appeal Begun in United
States Supreme Court.
GOVERNMENTS BRIEF FILED
Qucs!ions of LAW which, the Cow
nmc ~Mnintnins, should
Each De answered In
the III rmntiSe.

Washington, Dec. 15.-Thc supreme
court began hearing arguments in the
case Of the Northern Securities Co,
James j. Iiill. J. Pierpont Morgan,
Daniel S. Lamont and others. vs.. Tho
United States, coming to this court ON
appeal from the decision of the circuit
court for the district of Minnesota.
That decision was TO the effect that the
purchase of the greater share of the
stock of the two railroad companies
constituted a merger and was contrary
to the Sherman antitrust law.
The brief of the government in the
case was filed in the United States au-
prcmc court Monday. The document
was prepared By Att'y.-Gen. Knox and
Asst. Att'y.-Gen. Day and covers 1870
printed pages.
After stating that the bill in the
case was originally brought by the
government TO restrain the Violation of
the antitrust law, by the Northern Sc
C~uriticS Co., in the consolidation Of tho
Northern Pacific and the Great North
ern railroads, and that the decision OF
the court below was favorable TO the
contention Of the United States the
brief enters into the following Spccit-
cations a. TO the reasons for the &C
ton.
!. The lines Of railway operated by
the defendants, the Great Northern
Railway Co.,, and Northern Pacific
Railway Co., are parallel and cOmpet-
ing.
2. That the combination is in re
straint of Interstate and q
monopoly.
The concluding paragraph Of Judge
Thaycr's opinion in the circuit court IL
quoted, as summing up the argument
bearing on The facts of the case, as fol-
lows:
IN the present time the Northern
Securities Co. j. the owner of about
JG per cent. OF all the stock Of the
Northern Pacific Co., and the owner of
about rs per cent. Of all the stock Of
the Great Northern Co. The scheme
which a thus devised and cOnsum-
mated led inevitably to the following
eHultG'
First. 1t placed lho control OF the
two roads in the hands Of "a single per
son, to-wit, the Northern Securities
Co., by virtue Of rs Ownership of =
large majority Of the stock Of both
companies.
Second. 1t destroyed every motive
for competition bet wcon two roads in
interstate traffic, which were natural
competitors for business, by pooling
the earnings of The two roads for the
COMMON benefit Of the S~tockholdcrs ol
both companies; and, according to the
familiar rule that everyone is pre-
slimed 10 intend what Is the necessary
consequence Of his own acts, when
done wilfully and deliberately, we
must conclude that those who on
cclvnd and executed The plan aforesaid
intended, among other things, to &C.
cpmpliSh those objects.
The questions Of law growing out or
the statement Of facts, are presented.
az follows:
"l-iiaS 4 combination been accom-
pli8hod by means of The Northcn Sc
%cnrilics Co., in violation of Section 1
OF an aci OF congress approved July 2,
1880, entitled An act 10 protect trade
and against unlawful re-
train'S and m~oHOpolies,' hereafter
called the antitrust act
"2-liavc the defendants monOpo
nZ"d OF attempted to ~mOnopOlizc any
part oi the interstate or foreign com
mcrce of the United State in viola
ton Of Section 2 Of the antitrust act?
Twas the relief granted by The
circuit court authorized by law"
The government maintains that each
OF these questions should be answered
In he affirmative.