Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-03-28

in ST. Paul He held the sherman law
does not apply TO railroads, as the roads
had purchased and leased parallel lines
frequently with legislative sanction, Mr.
Richards for the government stated that
II was unnecessary to recite the entire
railway history OF the country to ostab-
lish whether the sherman law applies To
railroads or whether il Is being violated
by the Northern Securities company
The Sherman law says Every con-
tract or combination In the form Of a
trust or otherwise. or conspiracy IN re-
stramt OF trade or commerce among the
several states or with foreign nations is
hereby declared 20 be illegal"
MT Richards cited a SUIT brought by
Atty. Gen ilarand I'm the Cleveland
administration and decided Ia favor Of
the government IN 1891 in which IL was
held that the law applies 10 railroads
The suit ln ST. Louis is the first ever
tried under the federal statutes Of Feb,
~, 1903. which was passed 10 expedite
the hearing and determination of suits
in equity under the act Of July 2, 1890,
entitled IAN act % regulate commerce
rms act says the attorney general may
file with the clerk of the court a certlh-
cate that in his opinion the case Is of
general public importance. A copy OF
this certificate los 90 De sent to each of
the circuit judges of the circuit where
the suit Is pending Thereupon such
case Is TO De given precedence over 9th
ers ana in every way expedited and be
assigned for hearing at the earliest
practicable day before mot less than
three Of the circuit judges Of said
court"
Under this law, appeal direct to the
United states supreme court is pos
sible
There van be four judges IN the trial
THAI is To- begin in the federal court Of
appeals room tomorrow morning.
The court win be- presided over by
Judge Henry c. Caldwell. presiding
judge of the st. Louis federal court Of
appeals. The other judges are Walter
II Sanborn, of ST. Louis. Amos NJ
Thayer Of st. Louis and Wills Van
Leryanter Of New York.
Judge Caldwell has been mentioned
fo' president and for vice president. lie
is the Oldest Judge on the federal cir
cult bench, His free silver Republican
i'm made him conspicuous In 1886 His
condemnation OF government by in
junction made him thought OF as a
possible running mate for William Jen-
mugs Bryan Judge Caldwell was app
pointed to the bench from Little Rock
by Abraham Lincoln
Judge Caldwell was a major during
the war In the Third Iowa cavalry.
lie was born IN West Virginia in 1892
and grew up In Iowa.
Judge Sanborn is of the old Mnneso-
Ia SanbOrn Iimily that went west from
New Hampshire. His uncle IS Gen.
Jonn B. Sauborn EPSON. the Judges
summer home was his birthplace, He
was appointed from the bar which he
adorned. in May, 1892, by President
Harrison.
Judge Amos Madden Thayer makes
his home In st. Louis. He was born
Oct 10, 1871, in Chautauqua county,
New York. He is Of English descent
on his paternal and French Canadian
on his maternal side. There were Reyo.
ltuionary heroes on both sides.
Judge Thayer took a classic course at
Hamilton college and won the degree
Of bachelor of arts He was In the
army, was brevetted FOR gallant ser.
vice, and is entitled to bear the rank
Of major, lie came TO ST. Louis In
1866, read law and began practise. He
was made district Judge and was made
i'cuit judge in 1895 He Is married
a1d has one daughter.
Judge Willis Van Derventer was ap-
pointed in February from New YorE
This viii be his first notable case while
on the circuit bench.
The billions Of money interested In
the outcome Of the Northern Securities
suit viii bring many distinguished law
yers 10 st. Louis. The distinguished
personalities In the defense win at
tract large crowd to the court room,
1t is expected. and Marshal Morrisy has
provided extra deputies, st. Louis
Post Dispatch.