Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1903-04-13
THE r. r. MERGER
THE PORTLAND OREGONlAN ON
THE RAILROAD MERGER.
Anarchy in High Place. A Wanton Disregard
of Law by Railroad Masnatss Decision
of Federal Court at St. Paul Not Final.
Supreme Court Still to be Looked After.

Every contract, combination in the
form of trust or otherwise, or conspiracy,
in restraint of trade or commerce among
the several states, or with foreign nations,
is illegal. Every person who shall make
any such contract or engage in any such
combination or conspiracy shall be
deemed guilty OF a misdemeanor, and,
on conviction thereof, shall be punished
by fine not exceeding $1,000, or by inn
prisonment not exceeding one year, or
by both said punishments, in the discre
ton of the court"
Such is the language OF the law OF the
United States, duly enacted by congress
and approved by President Harrison,
July ., 1890. Its meaning is perfectly
plain, and it is not surprising that the
United States circuit court Of appeals,
sitting at St. Paul, pronounces by the
unanimous opinion OF the four judges the
Northern Securities merger an illegal
| body in the view OF this first section Of
the Sherman antitrust law of 1890. 1t
would have been surprising il any other
decision had been rendered. And it
would also have been ominous and dis
| turbing.
1t is hardly susceptible OF belief that
the Sherman law conveys a different
meaning to Hill. Morgan and their col
| leagues than to the ordinary mind, They
can scarcely be credited with the convic
ton that the joint acquisition and control
of Great Northern and Northern Pacific
had for either its purpose or its effect the
stimulus OF competition between those
roads. In their heart OF hearts they
probably regard the contention that the
mergers consummation before the gov
ernment's bill was filed re nders the
merger improbable in the eye OF the law,
as "nove" and "absurl" as does the
ruling Of the court.
No. we must acquit the merger people
OF that bucoic simplicity which they
assume, and in which they profess to
believe that the merger is an enterprise
in aid Ct competition and aiming at moth
inc 50 much as the full contamination
and embodiment of the purposes OF the
! sherman law. They understood the law,
but it did not suit them. They had
other ideas. They had other plans.
The law was mere negligible incident
to their more pertinent undertakings-a
mere fly on the great wheel OF their
colossal schemes. Hence it did not affect
them, 1t was to be ignored, or, in the
last extremity, to be gotten rid OF by
high priced legal talent in maze Of
technicalities and whimsicalities and
nonsensicalities. What YVES congress to
Hill, what is the president to Morgan,
what are few judges, more OF less, to
Wall street and the brainiest lawyers in
the United States We are engaged,
they said, in great movement OF world
development. We must be equipped for
quick and coherent service across the
American continent and to the coast OF
Asia. What we require We must have.
If the law is otherwise, so much the
worse for the law. 1t must stand aside.
We cannot be baked.
This is anarchy-in high place, but
anarchy. Disregard and impotence OF
law come to the same thing, whether
held at the corner OF Broad and Wall
and in private palace cars and along
Fifth avenue, or by the ragged beggar
stealing a loaf of bread from the baker g
wagon. 1t is to the undying credit Of
these four circuit judges that they send
out to waiting mankind in this critical
point in the history Of representative
government that SO fan as they are con.
cerned the law is still supreme. Good or
bad, wise or foolish, it is supreme and it
can depend upon the machinery Of the
judicial department Of the government
to do its part in sustaining the mandate
of the legislative department.
The victory, however, is not final. The
custodians Of the peoples cause in this
preliminary skirmish have acquitted
| themselves WCil-IAO oIVOihSS SChVAoi ac
we'll as the court. But the ultimate out
come is for the people themselves. This
decision is probably in advance Of the
D lblic conviction as to the sacredness o.
the law. From the rich tax.shirker and
automobilist down to the humble wreakel
OF private vengeance on his enemy's
premises or person, we are all too care
less OF statutes and ordinances that stant
in our wav. If this decision evokes in
us all, high and low, a higher regard fo1
the social compact, it will have served
its purpose we'll. In the day when oul
respect for law crumbles at the founda
tons OF our Teutonic-English civilization
we shall begin to throw away the means
by which athousand years OF training
have raised us to the pinnacle OF social
| - s,~1