The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1903-12-17
Presents PLEA =. = ;.
AGAINST MERGER
Attorney General Knox Continues
Railway Trust Case Before
Supreme Court.
DECISIONS IN joint TRAFFIC and
TRAKS-MISSOURI CASES Cited
Declares Years of Abundant Prosper
tty Followed Latter-UniOn of Com
peting Roads Has Destroyed COM
petition and Is Therefore Illegal
Questions Settled by the Court.


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
resumed his argument at the point at
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 and trans-Missouri cases.
These were casss Of contracts or agree
ments between Independent and COM
peting lines of railroad for the regu-
ment charges that these agreements re-
strained interstate commerce, and this
court sustained that contention. THE
court heard the cases patiently" Mr..
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 ap-
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 impressed
upon the court by gentlemen of emf
nent personal and professional stand
ing. These considerations invited and
secured patient and full consideration
of the, 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 policy declared by constitutional
statute, the court stated what that pub
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, lit 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 competi-
ton and to thwart the wise policy of
the law. 1t is not the observance of the
law or it's enforcement that creates
panics or distress. 1t is Willful viola
lions of it's wholesome provisions, or
defiance of the laws of economic health"
The attorney general said that it was
not his intention to reargue any of the
proposition settled by the transmits
souri, and joint traffic cases, but to do
what he could to show their application
to the facts in this case. He, however,
made the following statement of the
great questions settled by the court in
those cases:
Questions Settled.
"First-That to shut out the opera
ton of the general law of competition
between competing interstate railroads
is to restrain interstate commerce.
"Second-That to bring the opera
lions of two or more competing inter-
state railroads under the control of
single body shuts out the operation of
the general law of competition and con-
stitutes restraint 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
merce among the states by shutting out
Inc Op6IdllOu VI IuS SSucl al law VI
competition.
"Fourth-That in order to maintain
q suit the government is not obliged
to show an intent to restrain commerce
if such restraint is the natural and
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 lao p. m. and
was Immediately followed by George
B. Young on behalf of the Securities
company. Mr.. Young had spoken only
20 minutes when, at two o'clock, the
court took recess for luncheon.
:. Cashier Kills Himself.
New Haven, Conn.,, Dec. 16.-Asa G.
Bushnell, cashier of the Yale national