Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1903-04-16
SCOPE OF DECISION.
lanes M. Beck Talks Of the North
ern Securities Case.
no SUPPRESSION OF COMPETITION,
The Decision Shows II to he nlegal-Ths
Next Step to BE Taken By the Defend
ants win BE for Leave to
Appeal.

Philadelphia, April 11.-James M.
Beck, assistant attorney general, who
argued the Northern Securities case
!. and the recently decided lottery cases
for the government, when questioned
yesterday as to the scope OF the de-
cision in the former case, said:
"Disclaiming any purpose to ex-
press any opinion but my own, the
clear and exhaustive opinion of
Judge Thayer seems to me to leave
nothing to be desired in the matter
of q full exposition of the federal
law applicable to the consolidation OF
competing interstate carriers. All
interests should welcome such re-
suit, for 1t seems to me OF first i'm
portance that the exact meaning OF
existing statutory law should be de-
finitely ascertained. When SO ascer-
tanned, the question Of the wisdom
of the statutes can be fairly debated
in the greater court of public opin-
ion. The decision Of the circuit
court accomplishes this purpose. 1t
destroys the last legal device for the
suppression of competition and shifts
the whole question from the courts
to the people and leaves for their
consideration and ultimate decision
the question whether railway con-
solidation under proper regulation is
desirable, or whether it should be
altogether prohibited. The wild sug-
gestion that this decision is 'revolu-
tionary' and will disrupt the Ameri-
can railway system is absurd. 1t
simply reaffirms existing principles
and has no application whatever TO
legitimate extensions of railway
lines, but solely applies to the sup
preston of competition by railway
consolidation. Judge Thayer's deci-
sion. in effect, demonstrates the in
accuracy of the phrase, holding COM
pany,' and also shows that the COM
munity of interest plan through
stock ownership, when it suppresses
competition and promotes monopoly,
is unlawful. 1t holds in substance
that whenever the control Of COM
peting interstate carriers is secured,
either by combination OF natural
persons or by corporation which
they create, and the motive Tor com
petition has thus been destroyed by
, the consequent unity OF interest
the antitrust law is violated. The
fact that each Of the competing
lines is nominally operated by a
separate board Of directors is held
immaterial, and the court, disregard
ing form and looking to substance
holds that the real policy of rail-
road is controlled by those who own
the majority of their stock and that
such individual holders in real
sense determine all important cor
porate acts.'"
The Next Step to Be Taken.
st. Paul. Mimi, April 1.-THE
United States circuit court OF ap'
peals having decided the suit OF the
United States against the Northern
Securities company in favor OF tne
government, the next step to DC
tal.en nv the defendants will be 70
t ...e an 'appncsTTun' TOR ieave =" up
neal to the supreme court OF the
United States. When the permission
to appeal shall have been obtained q, :
the defendants will at once file II
with the clerk of the supreme court
and apply for date for the hearing
Of argument, which viii be set by the
court. No testimony will be taken
the records Of the circuit court SUI
ficing for purposes of this nature
All that will be done will be the pre-
sentation Of arguments by counse
representing both sides and the case
viii then rest with the court for de
! cision,