Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-04-21
POINTS OF ERROR.
Continued from page ~

that the ownership of a majority oil
the shares of each of two competing
railway companies gives to the owner
OF such shares control over each Of
such companies and it's commerce
Sixteenth, the court erred In holding
and deciding that the constitution and
composition of railway companies char
tered by states or organized under
state laws, but carrying on interstate
commerce, are themselves matters of
interstate commerce. and as such, SUBJ
ject to regulation by Congress, and In
holding and deciding that under the
commerce clause of the constitution
Congress has power to prescribe who
may and who shall not be shareholders
in such companies and how much stock
any one stakeholder or combination of
stockholders may own in any such
company and to authorize and forbid
The consolidation of such corporations
or any of them. And erred in holding
and deciding that the acquisition and
holding of such stock in railway COM
'panies and all matters of their internal
constitution and composition are not
;matters over which the state incorpor-
citing such companies has exclusive
.&0wer of regulation.
As Seventeenth, the court erred in hold
3Dg that consultations of railway COM
Hanies created by or under state laws
md competitors In interstate COM
,ierce, are effectual restraints upon
sStch commerce, and that such CONSOLE
sdzlt ions though expressly authorized by
state charter, are violations of said
.ar1ti-trust act and Illegal.
the court erred in hold
sing and deciding that any of the de-
PENDANTS have ever attempted to in
terpose the New Jersey charter of the
Northern Securities Co. as d shield be-
tween themselves and the law and that
such charter Is about the only shield
that can be 80 interpreted.
Nineteenth, the court erred In finding
and deciding that 1.-The reasoning which
led to the acquisition of that the said
New Jersey charter was' that while
as individuals the promoters could not
by agreement among themselves, place
the majority of the stock of the two
competing and parallel railroads in the
hands of single person or few per
sons giving him or them the power
to operate the road in harmony and
stifle competition, yet that the same
persons might create a purely fictitious
person, termed a corporation which
could neither think or act except as
they directed and by placing the same
stock in the name of such artificial be-
ing, accomplish the same purpose.
Twentieth the court erred in holding
and deciding that the shares of the two
mir
Northern Securities Co. have merely been
placed in its name by the former holders
thereof, ard that it is not the absolute
owner of the same IN it's own sole right.
Twenty first. the court erred in holding
and deciding that so far as the New
Jersey charter is concerned. the question
which the court has to determine is wheth-
e. Il charter granted by state can be
used to defeat the viii OF the rational les
isiature as expressed in a law relating
to Interstate trade and commerce over
which Congress has absolute control.
Twenty-second, the court erred IN hold
ing and deciding that the existing com
biualion gives to few men acting IN con
cert and in the name of the Northern Sc
curitieS Co, an under cover OF its charter
the power to control oil the means OF
transportation of the defendant railway
companies ard to directly control said
companies and all their commerce..
TWentythird, the court erred IN deiin-
ing and deciding that the object ana
by it to exist in this case. lis to give to "A
single person or to a cortcric OF persons
full control of all the means. of trans
portation owned by two parallel and com
netting lines of railroad engaged in inter
state commerce, as we'll as the power 70
fix the rate for the transportation OF per
SONS and property.
Twenty-foui h. the court erred in hold
ing and deciding that the said antitrust
act is a valid law and not in
conflict with the fifth amendment of the
constitution of the United States -,
Twerty-iitth. the court erred in hold
ing that the said antitrust act was in
tended and was and is eifectual to include
and prohibit virtual consultations OF
parallel and competing railway companies
chartered by the several states, and com
binations looking to such virtual cJnso.-
idations.'
Twenty-sixth. the court erred in hold
ing and deciding that this proceeding can
be maintained under Section of sad an
ii trust act, although it is alleged in the
petition itself. and appears by the proofs.
that whenever the combination or conspi-
racy complained of was formed to do has
been fully and completely done and eff
tfected before this proceeding was begun.
Twenty-seventh. the court erred in dis
regarding as immaterial the averments OF
the answers and the proofs i'll support
thereof showing that the combina ton in
question was not combination in re-
straint of commerce: that its purpose was
and its effect was to very largely build up,
increase and protect the interstate and
foreign commerce of the two railway com
eanies and erred in considering not all
the effects of said combination upon such
commerce, but only Its possible effect in
restraining minute portion of such com
merce-an effect at the most Incidental
and in unduly lnagnifying the extent and
Importance of such incidental restraint
land holding the same to be the principal
liz not the only purpose and effect OF such
combination.
Twenty eighth, the court erred in hold
ling that the proofs disclosed any contract
coordination or conspiracy in restraint OF
interstate or foreign commerce, or any
other combination than one to build up
and enlarge interstate and foreign com
merce without any restraining OF either
'rwenty-ninth the court erred in deciG-
ing and decreeing that the defendants
nave heretofore entered into combna-
ton or conspiracy in restraint of trade
or commerce among the several states
such as an act of Congress, approved July
=. 1850, denounces as Illegal"
Thirtieth, the court erred in deciding
and decreeng that all of the stock OF
either of the defendant railway compa-
MES. claimed to be held and owned by the
defendant Northern Securities Co. in vir-
tue of the combination or conspiracy men
toned in the last preceding assignment
and erred in decreeing that any of said
stock was ACQUIRED or is held in virtue OF
any such combination or conspiracy.
Thirty-firSt, the court erred il decresins
that the Northern Securities ca. be en-.
Joined and enjoining i from ACQUIRING
or attempting to acquire any further
stock of either of the defendant railway
companies and from voting any stock al