The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-03-18

not merely directly related to commerce.
but is the conduct of commerce ITSELF The
stockholders who. at an annual meeting,
determine the policy Of the road are as
much engaged in commerce as the loco
motive engineer who, under their direc-
ton and as their servant, propels train
from ST. Paul to Seattle. Indeed. the act
of the engineer is the act Of the owners.
and such ownership not merely relates to
but is interstate commerce. =.
Is r ITO enjoin the employees of an interstate
railroad from Interfering by a boycott
with interstate commerce and then deny
equal authority to control the employer
who seeks to hide behind a paper charter
would be a monstrous and indefensible
anomaly in the law None such exists.
& "Others Are Guilty"
defendants further contend that in
fact they have only done that which 9TH
ers have done both before and subsequent
to the pa ssage of the Sherman act In
other words, they make the extraordinary
plea that their unlawful act should suffer
no Interference at the hands of the law
because others have been guilty of the
same violations of the law. = ..-..,
Il. The defendants further contend that
though the merger does restrict interstate
commerce. it accomplishes vaster p,r-
poses in the development Of traffic. This
{, Is the familiar argument of the benetl-
y cence of monopoly. It should be addressed
tc congress and not to THE courts The
benefit to the people Of this merger may
be all that its master spirit, James J.
Hill. in his argun tative testimony
claims it to be. but I apprehend that the
people will continue to entertain their
old-fashioned prejudice against monopoly,
and the arguments addressed to the courts
will fall upon as deaf ears in this respect
as when addressed to the legislatures; and
/. peoples of the state Immediately affected
So
phatic protest of the executive officers OF
five states would seem to be unnecessary.
I. However, these questions are all for the
X legislature and not the judicial branch OF
the government. It is possible that the
concentration Of property interests in
Guiding railroad transportation. is an eco
nomic tendency which is as irresistible as
gravitation. and that the law itself will be
as impotent to stop it as to challenge by
legislative enactment the procession OF
& the stars This however, neither the Of
flcers OF the law nor the courts charged
with the duty of interpreting and enforc-
Ing it can recognize.
THE American people are. both conserv-
alive and practical, and when they recog.
nize that monopoly Is benef1cent and com
petition is an evil. they will repeal exist
A ing laws and by positive legislation facili.
tate and legalize railway monopoly. Tn.
til that time. which is likely to be thu
K Greek kalends, the law should be fairly
fully and tmpartially enforced, for it i:
everlasting1y true that the imperative neet
of this country, both at the hands Of cap
1tal and labor, Is not more law but more
obedience to law. However public spirit
ed the purposes of the defendants in form
ing this merger may have been, and what
ever it's resultant good evil. it Is enough
Tor present purposes to say that it clearly
violates existing law. whose provisions
must be enforced unless government b.
the people is to be deemed a delusion ;"