The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1903-04-03
WORK OF The LAW
WILL Be QUICKER
Warfare Of the Administrs ton
Against Trusts to Be
Expedited.
THE NEW LAWS GIVE HELP
Railway Merger and Beef Trust Cases
VIII Be Brought to Early Conclu-
sion-Better Legal Talent
Assured.

The first practical utilization of tina
legislation was made within thirt,
days after the passage of the act II
question. In another feature of thu
antitrust legislation the government
has made use OF its new-found power
still more promptly.
One of the antitrust bills which
passed congress oward the close OF the
session. practically without discussion
II without attracting unusual atten.
ton, was the bill providing for expe
diting cases in the courts brought under
the provisions OF the Sherman anti
trust law n the interstate
law. That bill was recommended BY
the attorney general and was unop-
posed, everybody conceding the benefit
OF the speedy ending of trust litigation.
Under the authority of that act the
attorney general has brought the Great
Northern Securities case to a speedy
trial, with the prospect of getting a
decision from the court of last resort
Wlthin less than a year. The new law
also Will be invoked to expedite final
decision of the case against the beef
rust, II the beef trust concludes to ap-
peal the case to the United States su-
preme court.
1t is said in official circles that too
much Importance cannot be placed
upon the value of the ~expediting act,
and the early decision, under it's terms,
OF the questions involved in the North
ern Securities and beef trust cases.
To Prevent Consolidation.
In the Northern Securities case It is
the effort of the government to prevent
possible consolidation OF all the rams
continental railway lines under one
management. The ~far-reaching effect
OF such consolidation, giving to one
group of men, one banking corporation
n perhaps to one man, the power to
NIX freight rates for all of the i'm
mense and growing traffic between our
TWO seaooards and the eastern heini-
sphere can readily be understood.
The Northern Securities ia
q corporation organized under the laws
or New Jersey with a nominal capital
or $4OO, 0OO, 600. only $50, 600 of which was
paid in..sIt was proposed to exchange
the stock of this corporation for the
stock of the Great Northern railway
n the Northern Pacific railway, two
parallel and competing lines from the
great lakes to the Pacific coast. One
OF these roads nae already absorbed
the Burlington system and 1t was
claimed that 1t was the intention ulti-
mately to take in the Union Pacific,
the Southern Pacific and the Atchtson
systems until all the transcontinental
railways should be under one control.
Acting by authority Of the new ex-
pediting law the attorney general
brought suit against the Northern Sc
curities company for alleged violation
OF the Sherman antitrust law, and
certified that the case was one of gem
eral public Importance, demanding the
expedition in settlement for which the
new law provides. The United States
circuit court was Immediately
ed n the trial commenced. 1t was
The first time where four circuit judges
have sat in the trial Of a cause in the
first instance. The con-
tended that the proposed consolidation
was in restraint Of trade, and was an
attempt to monopoliZe the transporta-
ton facilities Of the country.
The case has been tried and now is
under consideration by the Judges. If
appeal is taken from their decision by
either side to the suit the case will not
nave to so through the long and tedious
process of consideration by the circuit
court of appeals, but, in accordance
with the terms of the new law, will be
jumped Immediately to the supreme
court Of the United States. That court
forthwith will hav to drop all other
business and proceed to the considera-
non or the appeal, being admonished by
the law of the last session to render de-
cislon as speedily as possible.
Importance of Decision.
Upon that decision will depend the flu.
ture movements Of the corporation.
seeking to combine and to form monop- |
olies In restraint Of trade. 1t is known
In the financial world that q number Of
immense projects of railway consolida-
ton are impending. which will be aban-
doned II the courts decide tina the
Northern Securities deal is illegal. In
high government circles the Northern
securities case IS regarded as one Of the |
greatest suits in which the government
has ever engaged. If it had not beer
Tor tie eXpediting act the case might
nave been tied up in he courts for
years.
Future action in respect to the beef |
trust cases is for the present prob |
iemat1cal. AS the situation stands the |
government Is on top. An injunction Is
IN force against the beef trust restrain
ing the proposed combination OF all the
great beef packing concerns. 1t is com
petent for the beef trust to appeal to
the United States supreme court. in
which event the eXpediting act will
again come into play and the cause
brought directly up from the court of
1irst instance to the court of last re-
sort ana an early decision given. 1
Better Legal Talent.
h value of another provision of the
legislation of the last session
also has been demonstrated. An an
preparation of $500, 900 was made to en-
npie the department Of justice to prose-
cute cases against the trusts. One OBJ
3ect of the appropriation WA to permit
the employment by the department Of +
high-claSs legal talent and men ms
sessing expert and technical knowledge.
lhe department employed in the North
srn Securities case d. T. Watson of
Plttspurg, one of the greatest trust
Of the country, and q man
whose services have been sought by the |
CORPORATIONS themselves in the past,
The Government therefore. in this tn
aVails itself of the skill It has
possessed only in its own limited num-
per or officials The department of Jus
ace mas on its rolls men as competent
n lawyers in the country, but the
business OF the department is extern
sins, ana there are many duties to be
performed. Hereafter whenever 1t is
necessary to &c into the open market
ahd BUY additional legal talent the gov
can do il.
Inc Office of assistant to the attorneys
general created by the last congress