Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-03-28
LAWS WORK QUICK
Active War on the Trusts
Has Begun.
CASES EXPEDITED
RAILWAY MERGER AND BEEF
TRUST TO ANSWER.
Attorney Generals Hand Strengthened
More Money and Better Stand
ing in Court.

The government already has made prog
ress in its fight against the trusts under
the legislation of the recent session of Con-
gress. The first practical utilization of
that legislation was made within thirty
days after the passage of the act in ques-
ton. In another. feature of antitrust leg
islation the government has made use Of
its new-found power still more promptly.
One of the antitrust bills which passed
Congress toward the close of the session,
practically without discussion and without
attracting unusual attention, was the
bill providing for expediting cases in the
courts brought under the provisions Of the
Sherman antitrust law and the interstate
commerce 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 At
torney General has brought the Great
Northern Securities case to speedy trial,
with the prospect Of getting decision
from the court of last resort within less
than year. The new law also will be
invoked to expedite final decision of the
case against the beef trust. if the beef
trust concludes to appeal to the United
States Supreme 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 its terms. Of the questions
involved in the Northern Securities and
beef trust cases.
To Prevent Consolidation.
In the Northern Securities case it is the
effort Of the government to prevent possi-
BILE consolidation Of all the transcontinental
railway lines under one management. The
far-reaching effect of such consolidation,
giving to one group of men. one banking
corporation and perhaps to one man, the
power to fix freight rates for all of the
immense and growing traffic between our
two seaboardS and the eastern hemisphere
can readily be understood.
The Northern Securities Company is a
corporation organized under the laws Of
New Jersey with nominal capital of $780,
100000, only 10000 of which was paid in.
1t was proposed to exchange the stock of
| this corporation for the stock of the Great
Northern railway and the Northern Pa
| cific railway, two parallel and competing
| lines from the great lakes to the Pacific
| coast One Of these roads had already
absorbed the Burlington system and 1t was
claimed that 1t was the intention ultimate
ly to take in the Union Pacific, the South
ern Pacific and the Atchison systems until
all the transcontinental railways should be
under one control &
Acting by authority of the new expediting
law the Attorney General brought suit
for alleged violation of the Sherman anti
trust law. and certified that the case was
one of general public Importance, demand
Ing the expedition in settlement for which
the new law provides. The United States
circuit court was Immediately convened and
the trial commenced. 1t was the first time
where four circuit judges have sat in the
trial or cause in the first instance. The
government contended that the proposed
consolidation was in restraint of trade and
was an attempt to monopolize the transpor-
tat1on facilities Of the country
| The case has been tried and now is under
consideration by the judges. II appeal Is
taken from their decision by either side
to the suit the case will not have to go
through the long and tedious process of
consideration by the circuit court of an
peals but, in accordance with the terms of
the new law. will be jumped Immediately to
IN. 1ne supreme e1 court OF the United States;
other business and proceed to the consdd-
Grafton Of the appeal. being admonished by
the law OF the last session to render decis-
lon as speedily as possible.
Importance Of Decision.
Upon that decision will depend the future
movements of the corporations seeking to
combine and to form monopolies dn re-
stradnt of trade. 1t Is known In the finan-
cial world that number Of immense pro-
jects of railway consolidation are impend-
| ing, which win be abandoned II the courts
OcCtuc tudt lAc securities deal is
Illegal. In high government circles the
Northern Securities case is regarded as one
Of the greatest suits in which the govern
ment has ever engaged. If 1t had not been
for the expediting act the case might have
been tied up in the courts for years.
Future action in respect to the beef
trust cases is for the present problematical
AS the situation stands the government is
ON top. An injunction is in force against
the beef trust restraining the proposed
combination Of all the great beef packing
concerns. 1t is competent for the beef
trust to appeal to the United States Su-
preme Court, in which event the expedftfng
act will again come into play and the
cause brought directly up from the court
of first instance to the court of last re-
sort and an early decision given.
Better Legal Talent.
The value Of another provision Of the
antitrust legislation of the last session
| also has been demonstrated. An appropria-
| tion of 100000 was made to enable the
Department Of Justice to prosecute cases
against the trusts. One object Of the ap-
preparation was to permit the employment
| by the department of high-class legal tai
ent and men possessing expert and tech
| nical knowledge. The department employ
ed in the Northern Securities case d. T.
Watson of Pittsburg, one of the greatest
l truSt lawyers OF the country, and q man
whose services have been sought by the
corporations themselves in the past The
government. therefore, in this instance,
avails itself of skill 1t has possessed only
/ In its own limited number of officials The
Department of Justice has on its rolls men
as competent as any lawyers in the coun-
try, but the business of the department is
extensive. and there are many duties to be
performed. Hereafter whenever 1t is neces-
sary to go into the open market and buy
additional legal talent the government can
| do It.
The Office OF assistant to the Attorney
General created by the last Congress and
filled by the appointment Of Mr.. William Al
| Day, win deal largely with antitrust cases.