Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1903-12-18
PRESENTS PLEA
AGAINST MERGER
Attorney General Knox Continues
Railway Trust Case Before
Supreme Court.
DECISIONS IN JOINT TRAFFIC and
TRANS MISSOURI CASES CITED

Declares Years OF Abundant Prosper.
ity Followed Lattcr-gniOn of Conn
petinx Roads Has Destroyed COm-
petition and Is Therefore Illegal
-Questions Settled by the Court.
Washington, Dec. 16.-The argument
in the Northern Securities case was re-
sumed in the United States supreme
court Tuesday, and again the courtroom
was crowded by attorneys and others
interested in the case. Attorney Gen
eral Knox was recognized almost i'm
mediately after the court came in, and
which he left off when court adjourned
Monday. He declared that by the union
Of the Northern Pacific and Great
Northern Securities company two COM
peting interstate railroads have been
brought into such relations that their
independence as competitive factors in
interstate commerce is destroyed.
Says Law Was Violated.
The thing that has been done was
declared illegal, he said, when brought
about by the methods pursued in the
joint traffic ard TRANSMITS ouri cases.
These were cases of contracts or agree
ments between Independent and COM
peting lines of railroad for the regu-
lation of tariff charges. The govern
ment charges that these agreements re-
strained interstate commerce, and this
court sustained that contention. THE
court heard the cases patiently" MIR.
Knox said, land the arguments thrice
presented by the railroads failed to dis
turb the courts conclusions that the
contracts or agreements in question vio-
lated the law. The exigencies of the
cases rendered necessary complete in
depreciation of the statute. The power
of congress to enact the law, the APP
plication Of the law to common carriers
and specifically its application to con-
tracts or agreements regulating rates
were all denied. Dark forebodings of
resultant commercial disaster, should
the governments contention prevail,
were solemnly and forcefully impress ssd
upon the court by gentlemen OF emf
nent personal and professional stand
ing. These considerations invited and
secured patient and full consideration
of ths cases and exhaustive analysis
and Interpretation of the statute in the
judgment.
After making it perfectly clear that
the court was not to be dissuaded from
giving effect by its judgment to pub
lie pvlicy declared by a constitutional
cto fI,to ha CT Oft n not hot h.
lie policy is and wherein it was infringed
by the challenged agreements"
Prosperity Follows Decision.
This exposition of the law is, Mr..
Knox said, now the governments reli-
ance, 'as," he added, ut should have
been the defendants admonition. He
proceeded: THE court decision in the
trans Missouri case was not followed
by disaster, but by years Of abundant
prosperity, undisturbed until new de.
vices were put into operation to accom-.
plish again the destruction of compcti
tion and to thwart the wise policy O
the law. 1t is not the observance Of tn,
law or its enforcement that create
panics or distress 1t is willful viola
lions of its wholesome, provisions, o
defiance of the laws of economic health.
The attorney general said that it wa
not his intention to reargue any of th
proposition settled by the transmits
souri, and joint traffic cases, but TO q
what he could to show their application
to the facts in this cass. He, however
made the following statement of til
great questions settled by the court il
those cases:
Questions Settled.
"First-That to shut out the opera
ton of the general law of competition
between competing interstate railroad
is to restrain interstate commerce.
"Second-That to bring the opera
tions of two or more competing inter
state railroads under the control of {
single body shuts out the operation o.
the general law of competition and con.
stitutes arestraint upon interstate com.
merce.
"Third-That congress is competent
to forbid any agreement or combination
among companies competing for inter.
state commerce which restraints com.
msrce among the states by shutting out
the operation of the general law OF
competition.
Fourth That in order to maintain
suit the government is not obliged
to show an intent to restrain commerce,
If such restraint is the natural ant
necessary effect of the arrangement"
Mr.. Knox then discussed the end &C.
complished by the merger OF the rail:
road interests and the alleged invasion
of state rights.
Mr.. Knox closed at 1:40 p. m. ant
was Immediately followed by Georg,
D. Young on behalf of the Securitie,
company. Mr.. Young had spoken onl,
20 minutes when, at two o'clock, tn,
court took a recess for luncheon.
Cashier Kills Himself.
New Haven. Conn.,, Dec. 16.-Asa {
Bushnell. cashier OF the Yale nationa
bank, shot himself short time befor
the opening of business at the ban!
Tuesday and died an hour and a hal
later The official said that he believe