Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-08-01

NA AfNH NNAl"NA hfA law Ihnn'A ~ WV
state legislature In 1893 forbiddlng COM
binatons In restraint Of trade or COM
merce between the state OF Minnesota
and other states, and It's penalties, AMI
then gives a complete history OF the
merger proceedings Under conclusions
OF lpE the court says after reviewing
number Of supreme court decisions
on the Sherman antitrust act:
THE proper construction OF the Sher.
man antitrust act as far as 1t relates
10 railroad transportation as deduced
from these conditions OF the supreme
court appears TO be this.
'The act applies TO railroads, aud all
contracts made between railroad COM
panies Tor the purpose and having the
effect Of preventing competition by Ak
ed rates or empowering persons To tx
them and agreeing to conform to them
when liked are In restraint Of trade
and within the provisions OF the sta
tue whether the rates 50 fixed are
reasonable or unreasonable
THAT contracts between manufactur-
ers Of commodity respecting their
sales OF that commodity "a be delivered
by them outside the state having the
direct effect Of sitting competition and
raising the cost Of the article TO the
purchaser is also In restraint Of trade
and within the statute
Thai contracts which do not directly
and necessarily affect transportation or
rates therefor are not in restraint OF
trade, or within the statute, even
though they may remotely and lndl-
reclly cUpear 10 have some probable ef-
feet in that direction.
THE state antitrust act must have
the same construction In respect to
traffic on railroads within the state.
Neither the Great Northern company
nor the Northern Pacific company were
parties 20, or In their corporate capac-
lty had anything 10 do with the forma-
tion Of the Northern Securities COM
pany nor Of any OF the contracts or
proceedings complained Of In the bin.
The Northern Securities company is
merely an investor In and owner OF a
majority OF the stock OF each Of these
two railroad companies Ii has done no
act and mede no contract IN restrain
Of trade or commerce.
The action Of the defendant Hi in
promoting the formation Of the North
.ern secur'i, company under these
Y 'Nrums odC,5 and for tne BurpOses
that the evidence discloses and invest
Ing In It's stocks by the sale 10 fl OF
his stock In the two railroad companies
entered into no contract In restrain OF
trade or commerce or affecting trans
portation OF rates more than any ordi.
nary transfer Of railroad stock from
one person 10 another
That my Judgment after most care
full consideration OF the facts and the
law applicable thereto, as construed by
the highest court. leads me 10 the CON
clusion that none of the defendants has
violated the Minnesota antitrust act,
a conclusion apparently contrary 10
that reported by the eminent Judges
who. IN this court recently decided the
case Of the United States vs the North.
ern securities company. and who win
doubtless, In another court review this
case upon appeal and has necessarily
caused hesitation and careful examl-
nation. But the rights Of ltigants and
my own sense Of duty alike require
that my own deliberate Judgment.
guided by my understanding Of author
itative expositions Of the law. be given
In all causes tried before me.
TO epitomize this decision. II IL
held that Il will be for the interest OF
the Northern Securities company. TO re-
strain trade by suppressing competition
between these two railroad comnanies |
and that by ooerclnE or persuading the |
two boards OF directors whom Il has |
the power TO elect. n win certainly |
oause them TO commit highly penal Of |
lenses by entering into combinations |
contracts and ARRANGEMENTS IN restraint |
of trade. IN violation Of the antitrust |
act. and hence the Northern Securities !
company is already guilty Of these Of |
fcnses that have never been committed |
mr. thought Of by IT'S officers or pro-
motors. so far as appears, and It must
be suppressed and destroyed.
81 am compelled 10 reject the doctrine |
that any person can be held 10 have
committed or to be purpOsing and |
about to commit a highly penal offense,
merely because II can be shown that his
Decuniary interests VIII be thereby adj
yanced and that he has the power
,lther directly by himself, or indirectly |
through persuasion or coercion Of his
agents TO compass the commission OF
he offense. Decree Will be entered
the bill"