The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1903-12-18
THE NORTHERN
SECURITIES Co.
Hearing cs Appeal Begun n United
States Supreme Court.
GOVERNMENTS BRIEF FILED
Qs~-ssons of Law which. thu Cow
~ram-us Nafntaip~- >h"usd
Each Re- Answered. In
the Affirmative.

Washington, Dec 1.-THE supreme
court began hearing arguments in the
case of the Northern Securities Co.
James j. Hill. J. PierT-ont Morgan.
Daniel s Lamont and Others. " The
United States. coming 10 this court On
appeal from the decision Of the circuit
oourt for the district OF Minnesota
That decision was TO the effect that the
purchase OF the greater share 81 the
stock OF the two railroad companies
constituted a merger and was contrary
TO the Sherman antitrust law
The brief OF the government in the
case vas fled in the United States sn-
preme court Monday The document
was prepared by Auty.-Gen- Knox and
Asst Atry-Gen- Day and covers $50
printed pages
After stating that the bin IN the
case was originally brought by the
government TO restrain the Violation Of
the antitrust Law. by the Northern Sc
curities Co. in the consolidation Of the
Northern Pacific and the Great North
ern railroads. and that the decision Of
The court below was favorable 10 the
contention Of the United States the
brief enters into the following specifi-
cations as 10 the reasons for the &C
ton.
!. The lines Of railway operated b.
the defendants. the Great Northern
Railway Co. and Northern Pacific
Railway Co. are parallel and Compel
ing
That the combination IS in re-
stTaint Of interstate commerce and .
monopoly
The concluding paragraph ~ Judge
Thayers opinion il the circuit court Is
quoted a. summing up the argument
bearing on the facts Of the ease. Is fol-
lows.
~At The present time the Northern
Securities Co. T. the owner OF about
80 Per cent 81 all the stock - the
Northern Pacific Co. and the owner d.
abcui ~ per cent Of all the stock u
the Great Northern CO. The scheme
which Was thus devised and cOnsun-
mated led inevitably 70 the following
results
First IL placed the control OF the
tao rc1ds in the hands OF single per
sea. to-wit. the Northern Securities
Co. ~ virtue Of its ownership 81 4
large majority OF the stock q both
companies.
Scccad In destroyed every motive
for competition between two roads in
int, rsfate traffic. which were natural
competitors for business. b p-o0iing
the earnings Of the two roads for The
common benefit Of the stockholders Or
both companies. and. according 10 the
familiar rule thar everyone = pre-
sumed 10 intend what is the necessary
consequence ii his own acts. when
done Wilfuliy and deliberately. we
must conclude that those who con-
ceiy-d and executed the plan Aforesaid
intended. among other things. 10 &C
tolplish those objects.
The quest ions Of la@ growing ont Of
tie statement u facts. are presented
Is fellows.
Has a combination been accom-
riishei by means Of the Nortlsn Sc
euritiss Co in violation ~ Section
az m act Of congress approved July >
1890. entitled An act 10 protect trade
rnd commerce against unlawful re-
Irairs and moropoileS. hereafter
called the antitrust act
Have the defendants rlonopo-
llzoc OF attempted TO monoPoliZe arr
part or the interstate o. foreign com
mere Of the United States in viola
tion Of Section cf the anil-lrnSs acc
Was the relief granted ~ the
circuit court authorized by Law
TIE government maintains the esch
Of those questions should he ans xercd
in he affirmative
Iapc IhNnEn All MnkPHE