The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-08-02
GOVERNOR VAN SAINT
is NOT DISCOURAGED
Says It Simply Means the Case VIII
Have to Be Decided by the Court Of
Last Resort-The Matter Now
Pending is Under the sher-
man Antitrust Law.
Official Opinion.
(By Associated Press.)

ST. PAUL, MIMI, August 1.--Judge
Loohren to-day in the United States Cir
cult Court, handed down his decision IN
the case Of the State Of Minnesota
against the Northern Securities Company,
the Great Northern Railway Company the
Northern Pacific Railway Company and
James j. Hill. as president of the North
ern Securities Company, and indiv1du-
ally, in which he sustained the conten-2
tons of the defendants and dismissed the
bill of complaint OF the State.
He finds that tho Northern Securities
Company has not violated the State laws
forbidding the consolidation OF parallel
and competing lines of railway through
Its ownership Of the stock OF the Great
Northern and Northern Pacific Railways.
He refuses the injunctions asked by the
State OF Minnesota to restrain the Secu,'-
tiles Company from voting the stock of
the two railway companies. or either of
them
Federal Case Unaffected.
This decision affects the results Of the
Federal Governments victory In the Cir
cult Court in no way wt1a yer. Ihe
Federal suit involved the same DEFEND
ants and the same general state Of facts,
hut was based on q totally dlfrerent con-
.tentlon OF law.
rhe Federal suit, in which tho Seouri-
ties Company was beaten, was prosec,i-
ton for violation Of the Sherman anti
trust law passed by the Federal Con-
gress.
The Statei suit in which the Security
Company wins. was baEed on an aliega.
ton that the defendants violated acts OF
the Minnesota Legislature forbidding the
consolidation of parallel and competing
lines Of railway.
Tho hearing OF the State suit was begun
Friday, Juno 9Th, before Judge Lochren
In the Federal Circuit Court. It followed
the submission of much testimony BY both
sides for many months, in which Freder-d
lex e. Ingersoll of this city, acted as
referee. The final argument lasted five
days, in iwhcih Attorney General Doug
lass former Attorney-G General George B.
Wilson and Attorney NJ. D. Mum spoke
for tho State. and George B. Young. NJ.
D. Grover and G. w. Bum for the de-
PENDANTS. The case was submitted Wed
nesday, June 10th An appeal to the
United States Supreme Court Is now
pending in the Federal suit.
Decision Summarized.
In epitomlzing his decision, Judge Loeb
rem said:
terest Of tho Northern Securities Com
pany to restrain trade by suppressing
competition between these two railroad
companies, and that by coerctng or per-
suading the two boards Of directors.
whom 1t has the power to elect, It VIII
cause than to commit highly
nena1 offenses by entering into combina-
tons, contracts and arrangements IN re-
straint of trade In violation of the anti
trust act and hence the Northern Seourl-
ties Company Is already guilty OF these
offenses, that have never been committed
or thought OF by Its officers or promoters,
so far as appears, and 1t must be sup
pressed and destroyed.
IT am compelled to reject the doctrine
that any person can be held to have oom-
mltted, or to be purposing and about TO
commit, q highly penal offense, merely
because It can be shown that his pecu-
ana that he has the power either directly
oy himself or Indirectly through persua-
sion or coercion of his agents, to COM
pass the commission OF the offenss'
Decree will be entered Diminishing tho
oill"
Van SAINT Cheerful
ST. PAUL. MIMI, August l,-Goyernor
Van SAINT said concerning the decision OF
The court in tho Northern Securities
case:
II do not feel the least discouraged by
the decision OF the court this morning.
It simply means that the case Will have
10 be finally decided by the court OF last
resort me state will Immediately ap-
peal and every effort be made by It's
attorney general and his able associates
10 protect the interest OF the people, Tho
fight is going to continue until our laws
ire vlndicated and upheld"
Under the Sherman Law.
WASHINGTON, August mfr, Day.
assistant to tho Attorney-General was
asked what efthct the decision OF Judge
Iochren In the suit OF the State of Min
nesota against the Northern Securities
would have on the case OF the
United States against this company, He
replied:
1T can have no effect whatever The
case of the United States against the
Securities Company was brought under
.he Sherman antitrust law, charging q
OF its provisions, and II was de-
sided by four United States circuit Judges
N a unanimous opinion that the North
,rn Securities Company was q conspiracy
n restraint OF interstate commerce, and
therefore, unlawful This case was not
under the Sherman antitrust
Jaw or any other Federal statute II isa
nit of the State OF Minnesota for an all
legged violation of ms Constitution and
avs. and the decision of District Judge
[.ochren, In such a case, could IN no event
affect the result reached by the four
,Irc,lit Judges In the FORMER case"