The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-06
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Opinions on the Decision

Of the United States district court, in
the case of the state Of Minnesota
against the Northern Securities COM
pany the latter is given a substantial
victory. While It does not affect the
federal governments triumph last
April before the United States circuit
court of appeals, at least it discloses
that Judge Lochren differs from the
unanimous decision of the four judges
of the higher court in an eSS ential par
tfcular. The states action was brought
under the laws of Minnesota and the
federal governments successful suit
was. brought under the Sherman act.
$ However, Judge Lochren holds that
the Minnesota law forbidding COM
ebinations in restraint of ! trade must
have the same construction as the
Sherman act sin respect to traffic on
railroads within the state" Clearly,
If Judge aLoehrenI had, been
called upon to decide a. suit brought
against the Northern Securities COM
pany under the Sherman act his de-
cision still would have been in favor of
the defendant
This decision, like that of the United
States circuit: eourtasof appeals rem
dered in the case brought by the fed
eraI government, is to be. reviewed by
the supreme court. The drastic de-
cision of the circuit court of appeals
was based upon thessruling of the SUI
prenles court in the Trans Mississippi
Freight association case, and therefore
has been very generally expected to
stand when considered by the highest
tribunal. Yet the supreme court ar
rived at the decision in question by a
bare majority of its members. Wheth-
er it shall now approve the view of
Judge Loehren or that of Judge Thay-
nc
judicial district in regard to the North
ern Securities merger is a question Of
great Chicago News.
Judge Lochren's decision upholding
the Northern Securities company
against the state of Minnesota is in
teresting in its bearing on state legis-
lation, but not important, since the
vital principle. involved in the whole
litigation is noW before the supreme
court. He sustains the contention of
the defendants attorneys that the Sc
curities company is net railway cor
porator, but merely a holding COM
pany that does not, therefore, violate
the state laWc against formation of
trusts affecting trade. He not only
dfsagreeS with the view that owner
ship of the stock of. railways makes
the company practically railway COR
poration, but points out that there is
no evidence to1show that the company
has ever sought to control Or interfere
with either railroad affected in respect
to operation or management. adding,
as though to give emphasis to his dis
agreement with the, circuit bench opin-
ion, that an act to advance pecuniary
interest cannot be held to imply intent
to commit a penal offense.-New York
Commercial Advertiser.
Federal Judge Loehren at ST. Paul
on Saturday decided that the Northern
Securities company was gufltless of
the offenses charged against it by the
state of Minnesota, and had done no
act and made no contract in restraint
of trade"
Judge Lochren's conclusion is Just
the reverse of that reached on the same
facts by four federal judges in the ma
tional governments case against the
same defendants. However, none will
for that reason deny that Judge Loeb
ren's difference of opinion with his COL
reasoning by which he sustains that
difference of opinion will strike many
as rather peculiar.
OF the rectitude of Judge Lochren's
intentions there can be no question,
but the reasoning by which he justffies
his decision lacks eegeney.-Chicag
Inter Ocean.
If it should be sustained, it is quite
certain that a new impetus will be Civ
en- to the principle of government and
state supervision and control of rail-
road corporations. The principle of
consolidation of railroads, division of
territory and elimination of eempeti-
ton, has been carried very far in
Great Britain where nearly all the
railroads of the island are grouped in
three or four systems, each serving a
certain district. but the railroads of
Great Britain are the creatures of par
lament, which retains absolute and dr.
rect control Of their operations and
exercises this control for the constant
protection of the public and stock
holders If we come to the same con-
solidation here, we shall be obliged to
put the monopoly under the same close
government superyision.-Min polls
Times.
ISL
1t is generally admitted that Judge
Lochren's decision of Saturday at st.
Paul, finding for the Northern Securi-
ties in the suit of the state of Mime
sofa, cannot directly affect either of the
two main suits still pending. These
are the attorney generals suit to dis
solve the 00t,oror..r ,,,,co,. Tho