The Birmingham age-herald., 1903-04-10
Decided Stand Against Northern
 Securities CO, Deal
EVILS OF TRUST DEFINED
All Four Judges concurred In the De- clsion and the Case Will Be Ap- peaIed to the U. s. Supreme
 Court at Once.

l St. Paul, April 9.-The position of the l United States government in the suit brought against the Northern Securities 1 company, the Northern Pacific and Great Northern railroads and individual officials and directors of these companies, was sustained in the decision handed down in the United States Circuit Court of Ap- peals in this city today.
 The case was originally brought in the United States district court here, but un- der a special act of congress was taken at once to the Court of Appeals which court was to expedite the hearing and decision of the case in every manner pos sbe. The taking of testimony in this city and in New York lasted for several weeks and the arguments In St. Louis before Circuit Judges Caldwell sanborn. Thayer and Vandeventer took several days. The decision of the court was writ ten by Judge Thayer and was filed in this city, where the original action was in- stituted. An appeal to the United States Supreme court will be taken immediate ly
 All four judges concurred in the con l clusion of the court.
 In the course of its opinion. the court in construing the antitrust law of the country says:
 Antitrust Law.
 "The act brands as illegal every con l tract combination In the form of trust or otherwise, or conspiracy in restraint of trade or commerce among the several states or with foreign natiops. Learned counsel on both sides have commented on the general language of the act. doing so, of course, for a different purpose and l the generality of the language employed | Is, in our judgment, of great significance It indicates, we think, that congress be- ing unable to forsee and describe all the plans that might be formed and all the expedients that might be resorted to | to place restraints on interstate trade or commerce, deliberately employed words of such general import, as i'll its orinlon' l would comprehend every scheme that might be devised to accomplish that end. What Is commonly termed trust was species of combination organized by in- 1 dIyiduals or corporations for the purpose of monopolizing the manufacture or, or traffic in of various articles and com modlties which was well known and fully understood when the antitrust act was
  were accordingly prohibited; but con gress evidently anticipating that com binatlon might be otherwise formed, was careful to declare that a combination in any other form If in restraint of inter state trade or commerce, that Is, II IL directly occasioned or affected such re- stralnt likewise should be deemed illegal
 Opinion Reiterated. | ,NEa.oo.,a- h, oosee artaing under the | act, 1t has been held by the highest judicial authority in the nation, and It's l opinion has been reiterated In no uncer- tain tone that the act applies to inter state carriers of freight and passengers as we'll as to all other persons, natural or l artificial; that the words in restraint or l trade or commerce' do not mean in un- 1 reasonable or partial restraint of trade or commerce, but any direct restraint l thereof; that an agreement between com | peting railroads which requires them to act In concert and fixing the rate Tor 1 carriage of passengers or freight over their respective lines from one state to another and which by that means re- stricts temporarily the right of any one ] of such carriers to name such rates for the carriage of such freight or passen- l gers over its road. as 1t pleases is con l tract in direct restraint of commerce within the meaning of the act in that 1t
 
 matters not whether while acting under such a contract the rate fixed Is reason- l able or unreasonable, the vice of such a l contract or commission being that 1t con- fers the power to establish unreasonable rates and directly restraints commerce by 1 placing obstacles in the way of free and l unrestricted competition between car- rlers who are natural rivals for patron age; and finally that congress has the power, under the grant of authority con- tained in federal legislation to regulate commerce to say that no contract or com hinatlon shall be legal which shall re- strain interstate trade or commerce by shutting off the operation of the general law of competition"
 Of Far-Reachlng Consequence. Washington, April 9.--Assistant Attor- ney General William A. Day, who took prominent part In the argument before the United States Circuit court sitting al St. Louis in the Northern Securities case, in speaking of the decision of the court. announced today, said:
 "rhe judgment of the court in the Northern Securities case is one of far reaching consequences and re-affirms the right of the people to be free from mon- opoly.
 | By this decision doubts have been re- | solved Into certainty and all may know | the limits to which combinations in re- straint of commerce may go. The com bination Is resolved into its original ele- ments with the decree of the law, that | they shall compete.
 "rhe victory in this great case Is not merely a legal triumph. The case has | been fought to success on the lines that l transportation for persons and property might be kept open and that legitimate competition might prevail.'
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