The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1903-12-18

Pittsburg Man Spoke for Over an Hour
and Hall. Taking Up Every Phase Of
Governments Side of the Question,
and Was Listened to With Marked
Attention.
Washington, d. c., Dec. 15-"It was
the most powerful argument l ever
heard in court" was the comment of
Secretary of the Navy Moody, who had
been an interested auditor in the su-
preme court throughout the delivery
today of Attorney General Knox's ar
gument on behalf of the government in
the appeal of the Northern Securities
company from the judgment of the cir
cult court of Minnesota, declaring the
railroad merger in violation of the
Sherman antitrust law.
The attorney spoke for an hour and
thirty-five minutes, closing at $40
o'clock this afternoon. Within that
time he took up every phase Of the case
and disposed of each and every one.
in q manner calculated to convince his
lay hearers that his opponents had not
leg to stand upon. His delivery was
forceful, and there was no resort to the
arts of oratory to drive his sentiments
home. Occasionally he raised his voice
to a higher pitch; once in a while he
came to a short, abrupt stop, adding a
rather dramatic power to the points he
desired to accentuate; now and then he
brought the extended first aud sec
ond fingers of his right hand down into
the palm of the left, or he struck the
table in front of him with his
clenched fist, or he pointed his right
index finger to emphasize some par
ticular statement But beyond that,
Nis manner was calm and his delivery
passive.
The court gave the attorney general
earnest attention. 1t was his first ap-
pearance in court since his appoint
ment to the attorney generalship and
general interest was enchanced be-
cause of 1t. Once or twice he was in
terrupted by questions propounded by
some Of the justices, those put by JUS
'tice White aiding him in making his
position on one point the more emphat-
ic. Once question of fact arose be-
tween him and Justice White, relative
to a phase Of the supreme courts de-
cision in the Trans-Missouri case. JUS
tice Whites memory was at fault In
the matter, and there was a quiet
smile on General Knox's face when
the justice, at the close Of the argu-
ment graciously acknowledged his err
ror. AS he left the court room later
In the afternoon. he received the hearty
cungratulation of dozens of attorneys
who had listened to him with rapt at.
tention.
George B. Young. In closing for the
defendants spoke in a low tone ol
voice and was difficult to follow. He
declared that the actions being per-
formed by the Northern Securities
company did not constitute interstate
commerce. He also declared they die
not seek to perform any act contrary
to the law or to limit the powers and
authority of congress.
I'VE are dealing with the question
of property here" said Mr.. Young. eve
are not dealing with railroads at all
or commerce. The operations of rail
roads have nothing to do with this
case"
One of the points most prominently
brought out by Mr.. Young was that
ownership carries no responsibility
The owners of railroad stock canont
be hold accountable for any restraint
90 kro Ia ha Ne
ly as they don't control It's manage
ment. A board of directors controls
the railroad and its owners may moi
he among the directoYs. "a this way
ownership involves no responsibility
3 He Illustrated this by saying that tn,
mere holding of stock in bank doei
not make the owner of 1t a banker
The stock, he said, may be owned by
a minor or any other person. Through
out his argument he ignored any sug
gestion that ownership involves con
troll. 4'
1t was contended by Mr.. Young tha
there can be no restraint of trade IN
less restraint is shown. The power t.
restrain trade is no offense unless |
be proven that the power Is exercised
SO as to restrain It, This was In di
rect contradiction to Mr.. Knox's ar
gument that the Sherman anti-trus
act forbade the creation of such pow
er that should interfere with interstat,
commerce. He said the law was no
directed at the power, but the exercis
of it.
Mr.. Young argued that the enact
ment OF the Sherman antitrust Law
did not make anything illegal that wa
not regarded hefnra as illeyaI