The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1903-12-18
GEN. KNOX MAKES
G0V'TS ARGUMENT
Northern Securities Case Still
Occupies Time Of the
Supreme Court.
Mr.. BLYTHE A LISTENER
Iowa Politician Declares That Knocks
Presentation Was a Strong Ex-
position of Governments
Side OF the Case.

Washington, Dec. 1.-THE discussion
of the Northern Securities case was re-
sumed before the supreme court when
its session opened today. Attorney
General Knott, who began his argu-
ment last evening, continued this
morning.
In beginning Mr.. Knox outlined the
attitude of the government towards the
case, saying that 1t was lone of grave
concern, based upon its conviction that
a Inischievous evasion of the law has
been attempted, as well as upcn it's
special interest and relations to Of
the properties affected"
In order that the court might under
stand the reasons for this concern, he
reviewed the principal facts connected
with the organization and subsequent
history of the Northern Pacific COM
pany, its relations to the Great North
'ern railroad and other facts out of
which the questions in this case arise,
but without extended comment.
He remarked in passing that while
the United States created the Northern
Pacific and authorized it to construct
a railroad, and for that purpose en-
dowed it with $4,000 acres of the public
domain, it was to secure to the govern
ment at all times the use and benefits
of the same for postal, military and
other purposes.
Government Has Interests.
In other words, said Mr.. Knox. con.
gress gave the peoples land to the
Northern Pacific Railway company and
to no other company, and the United
States is directly interested in seeing
to it that the Northern Pacific COM
,ra ~ Elr11 $40, - ~ u. 81 H.. - =
ability to render the services which was
the consideration of the grant, unaf-
fected by the domination of other in
%terests.
After reviewing the previous at
tempts at Harmony carried on by
Messrs. Hill, Morgan and others, the
attorney general took up the Securities
company matter. In concluding his
presentation of the evolution of this
merger, he said: These facts clear
ly establish that it is an instrumental
ity created to control the Northern Pa
cific and Great Northern railroads,
and, through their ownership of the
Burlington, to control that road like
wise"
The attorney general was able before
adjournment to announce only one
proposition by way of argument, and
that was contained in the following
sentence: This merger of interests
was a combination in restraint of COM
merce among the states. and was in
so to be, ana with Or without
q proven intention it is illegal, as by
virtue of the combination it is guilty
of the mischief which the law is de-
signed to prevent, namely, it brings
transportation and trade throughout a
vast section of country under the con-
trolling influence of a Single body, and
destroys any possible advantages the
public might have through any com
petition between the two Ines"
The Joint Traffic Cases.
Mr.. Knox today in r~esunaing his a
gumen declared that by the union of
the Northern Pacific and Great North
ern roads two competing interstate
railroads have been brought into such
relations that their independence as
competitive factors in interstate COM
merce is destroyed. The thing that
has been lone was declared illegal, he
said, when brought about by the meth
DDS pursued in the joint traffic and
trans-Missouri cases. These were cases
OF contracts or agreements between in
dependent II competing lines of rail-
road for the regulation of traffic
charges. The government charged that
these agreements restrained interstate
commerce, and this court sustained
that contention.
Mr.. Knox closed his argument at lao
and was Immediately followed by
George b. Young, on behalf of the Sc
curities company. At 3:15 the argu-
ments were concluded.