The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-08-04
FAMOUS CASE


Lochren today in the United States
circuit court handed down his decision
in the case of the state of Minnesota
against the Northern Securities Com
pany, the Great Northern Railway
Company, the Northern Pacific Rail-
way Company and James J. Hill, as
president Of the Northern Securities
Company and individually, in which he
sustained the contentious of the de-
PENDANTS and dismissed the bill of COM
plant of the state He finds that the
Northern Securities Company has not
violated the state laws forbidding the
consolidation of parallel and competing
lines of railway, through its ownership
of the stock of the Great Northern and
Northern Pacific railways. He refuses
the injunctions asked by the state of
Minnesota, to restrain the securities
company from voting the stock Of the
two railway companies or either of
them.
This decision affects the results of
the federal governments victory in the
circuit court in no way whatever The
federal suit involved the same defen-
dants and the same general state of
facts, but was based on a totally differ
ent contention of law.
The federal suit n which the secur-
tiles company was beaten was a prose-
cution for violation of the Sherman
antitrust law passed by the federal
congress.
The state suit, in which the securi-
ties company wins was based on an
allegation that the defendants violated
acts of the Minnesota legislature for
bidding the consolidation of parallel
and competing lines of railway.
The hearing Of the state suit was
begun Friday, June 5th. before Judge
Lochren in the federal circuit court.
It followed the submission of much
testimony by both sides for many
months. in which Frederick G. Inger-
soil, of this city, acted as referee. The
final argument lasted five days, in
| which Attorney General Douglass. for
mer Attorney General George B. Will
! son and Attorney M. D. Mum, spoke
| for the state, and George B. Young
! NJ. D. Grover and c. W. Bum for the
| defendants. The case was submitted
! Wednesday, June 10th. An appeal tt
| the United States supreme court is now
| pending in the federal suit.
In epitomizing his decision, Judge
| Lochren said:
1T is held that it will be for the
| interest of the Northern Securities
| t1 in trGHn nv SIlnDreSS
ing competition between these two rail
| road companies and that by coerclne
Or persuading the two boards Of direc
| tors whom it has the power to elect, l
| will certainly cause them to commi
! highly penal offences by entering lnt'
combinations, contracts and arrange
ments in restraint of trade. IN VIOLA
ton of the antitrust act and fenc
the Northern Securities Company l
already guilty Of these offences tina
have never been committed or though
of by its officers or promoters, so ia
as appears, and it must be suppresse'
and destroyed.
am compelled to reject the doctrin
that any person can be held to haV
| committed, or to be purposlng an
about to commit a highly penal offence
! merely because it CAN be shown tina
his pecuniary interests will be thereD
advanced, and that he has the poWe
either directly by himself, or indirectl
through persuas sion or coercion of HI
agents to compass the commission o
the offence Decree will ne entered dis
missing the bill.
WILL CONTINUE TO FIGHT.
St. Paul, Mimi, August 1.-Governo
Van SAINT said concerning the decisio
of the court in the Northern Securitie
| case:
"I 90 not feel the least discourage
! by the decision of the court this morn
ing. It simply means that the cas-
will have to be finally decided by tn
! court of last resort. The state will i'm
mediately appeal and every effort b
made by its attorney general and hi
| able associates to protect the interes
of the people. The fight is going t
continue until our laws are vindicate
and upheld"