The Cooperstown courier. (Cooperstown, Griggs Co., N.D.) 1902-1913, 1903-08-06
Erect Must Be Direct.

Eject Must Be olreet.
The proper construction Of the sher-
man antitrust act. so far as 1t relates to
these decisions Of the supreme court ap.
pears to be this:
"(a) The act applies to railroads. And
all contracts made between railroad COM
panies for the psrpose and having the
erect OF preventing competition by liking
rates. or empowering persons to fix them,
and agreeing to conform to them when
the provisions Of the statute, whether
the rates so fixed are reasonable or UNI
"(b) That contracts between divers
manufacturers Of commodity respect
ing their sales Of that commodity to be
delivered by them outside the state. hav-
ton and raising the cost Of the article
to the purchaser, Is also in. restraint Of
| trade and within the statute.
rectiy and mat consraGts Wnicn 90 not a
! ton: or rates therefore. are not In re-
straint Of trade. or within the statute.
even though they may remotely and in
eject In that direction.
the same construction in respect to traf-
Does Not Control.
Neither the Great Northern company
| nor the Northern Pacific company were
had anything to do with the formation
Of the Northern Securities company, nor
| OF any. Of the contracts or proceedings
Securities company is merely an investor
In and owner Of majority Of the stock
OF each Of these two railroad companies.
It IS not a railroad company. and has
| no franchise or power to manage or OPP
terate or direct the management or OPP
Grafton Of either railroad in respect to
rates or charges for transportation, or
L 0fharUi00s nj In M init NJ
evidence that 1t has sought to control or
! interfere in respect to any of these mat
ters; 30. .,o,o,ou. ,ouo - -. 49,,
made no contract in restraint Of trade or
commerce. Owning now a majority Of
! the stock Of each Of these railroad COM
stock TO elect the board Of directors-the
governing body-of each Of these rail-
road companies. But the board Of d.
the board Of directors Of the other. as G no
director Of the Great Northern company
can be a director Of the Northern Pacific
company. The directors Of each railroad
other officers. and control its business
and policy. Presumably they will seek
in lawful ways only. to increase the bust
they as directors represent.
1.-The action Of the defendant Hill in
promoting the formation Of the North
ern Securities company, under the cir
cumstances and for the purposes which
(, the evidence discloses and investing in
its stock by the sale to 1t Of his stock
no act or contract in restraint of trade
or commerce. or affecting transportation
or rates. more than any ordinary trans
fer Of railroad stock from one person to
another
Differs With Other Court.
1 ''That my Judgment, after most care
full consideration Of the facts and the
law applicable thereto. as construed by
the highest court. leads me to the con-
clusion that none Of the defendants have
conclusion apparently contrary to that
reached by eminent judges who, in this
court. recently decided the case OF Unit
pany. 100 Fed. III. and who viii doubt
less in another court review this cause
upon appeal. has necessarily caused hes
itation and careful examination; But the
duty alike requires that my own delib-
crate Judgment. guided by my under
F, standing Of authoritative expositions of
fore me.
1.-THE decision Of the case last cited,
as read it and understood it. does not
specify or point out any contract, agree
ants, or any of them, which is directly
in restraint Of trade or commerce. or
which has any direct reference to trade.
commerce. transportation or rates; nor
: the part Of any defendant to do any
such act, or enter into any such con-
! ''But it is argued that because the
Northern Securities company has become
the owner Of a large majority Of the
of Each VIII ta the r tive It,
suppress competition between them. by
causing the two boards Of directors Of
these railroad corporations, which 1t can
ments or agreements In restraint Of
trade. which win suppress competition;
and as a corollary to this reasoning lor
forpation Of the Northern Securities
! company, and purchase by It Of ma
jority Of the stock Of each Of these rail
!; restraint OF trade though Of themselves.
! and without further action mot yet
taken, and perhaps never to be taken)
panies. the formation of the Northern
Securities company and its holdings Of
stock has and can have . nothing to Cd. DO
j, merce, transportation or rates.
| Guilty Before Offending.
ITO epitomize this decision: It is held
that It will be for the interest of the
! Northern Securities company to restrain
trade by suppressing competition between 1
(; these two railroad companies; and that
| by coercing or persuading the two boards
| Of directors. whom it has the power to
elect, 1t will certainly cause them to
COAuluuI A1A6Hy pCiioA O1ASASoS Wy ShsSA
ing into combinations, contracts and ar
rangements in restraint Of trade, in vio-
lation Of the antitrust act. and hence n;
ready guilty Of these oftenses that have We
its officers or promoters so far as appears;
and 1t must be suppressed and DESTROYED.
II am compelled to reject the doctrine
that any person can be held to have com
mitted. or to be purposfng and about to
commit a highly penal offense, merely
because it can be shown that his Pc
cuniary interests will be thereby adj
vanced, and that he has the power either
directly by himself, or Indirectly through
persuasion or coercion OF his agents to
compass the commission Of the offense.
| No Consolidation.
! ''Third-The charge in the bill that the
! acts of the defendant contravene the
statutes Of Minnesota prohibiting the
consolidation Of parallel and competing
i lines Of railroad presents different
Chapter 90, General Laws Of Mime
sofa, 1874, provides as stated:
No railroad corporation or the les
sors, purchasers or managers Of any rail-
]: road corporation. shall consolidate the
Z stock, property or franchise Of such cor
poration with, OF lease or purchase the
!: works or franchise Of. or in any way
control any other railroad corporation
owning or having under its control a
. parallel or competing line
This Is the only statute on that sub
!, ject Of consolidating parallel and COM
a rating m ilrOada that need he n4idere6-