Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1903-04-16
THE SUIT DECIDED.
The Court Of Appeals on the North
ern Securities Company.
The MERGER IN RESTRAINT OF TRADE


Ols NhPih avs H~ r.
sition Of the United States govern
ment in the suit brought against the
Northern Securities company, the
Northern Pacific and Great North
ern railways and individual officials
and directors of those companies was
sustained in the decision handed
down in the United States circuit
court of appeals in this city yester-
day. The case was originally
brought in the United States district
court here, but under special act
Of congress was taken at once to the
court Of appeals, which court was to
expedite the hearing and decision OF
the case in every manner possible.
The taking Of testimony in this city
and in New York lasted for several
weeks and the arguments, in st.
Louis before Circuit Judges Cald-
well, Sanborn, Thayer and Vande-
venter took several days. The de-
cision of the court was written by
Judge Thayer. An appeal to the
United States supreme court will be
taken Immediately. All four judges
concufred in the conclusions OF the
court, which were stated by Circuit
Judge Thayer. The substance OF the
order is in the decree, which is as
follows:
"A decree in favor Of the United,
States will accordingly be entered to
the following effect: Adjudging that
the stock of the Northern Pacific and
Great Northern Railway companies,
now held by the securities company,
was acquired in virtue Of a combine
ton among the defendants in re-
straint of trade and commerce among
the several states, such as the anti
trust act denounces as illegal; enjoin-
ing the securities company from ac-
quiring or attempting to acquire fur
Their stock Of either Of said compa-
MES; also enjoining it from voting
such stock at any meeting of the
stockholders of either of said rail-
road companies or exercising or at
tempting to exercise any control, d.
rection or supervision OF influence
over the acts of said companies or
either of them by virtue Of its hold
ing such stock; enjoining the North
ern Pacific and Great Northern COM
panies, respectively, their officers, d.
rectors and agents from permitting
such stock to be voted by the North
ern Securities company or any OF its
agents or attorneys on its behalf NJ
any corporate election for directors
or officers of either of said compa-
MES and likewise enjoining them
from paying any dividends to the Sc,
curities company on account OF saio
stock or permitting or suffering the
securities company to exercise any
control whatsoever over the corpor-
ate acts Of said companies or to d.
rect the policy Of either"
Judge william A. Day on the Decision.
Washington, April 10.--Assistant
Attorney General William A. Day
who took prominent part In the
argument before the United States
circuit court sitting recently at st
Louis In the Northern Securities
merger case, in speaking Of the deci
sion of the court announced yester'
day, said:
"The Judgment of the court in the
Northern Securities case is one Of
far-reaching consequences and rear
firms the right of the people to b'
free from monopoly and establishes
for all time the high purpose, cour
age and legal wisdom of Attorney
General Knox. By this decision doub
has been resolved into certainty AM
all may know the limits to which
combinations in restraint Of com
merce NAV 90. and the combination
is resolved into Its original elements
with the decree Of the law that the,
shall compete.
"When the Northern Securities
company was formed 1t produces
great alarm among the people o
the northern tier of states, lying be
tween Lake Superior and the Pacifi'
ocean. These states are entirely de
pendent upon the two roads in ques
ton for the transportation Of thei
crops and products to market. !
was regarded as such menace y
their prosperity that the governor
Of those states met at Helena, Mont
TO take such steps as were practic
able to prevent the contamination o
the proposed monopoly, and they In
voked the aid Of the federal govern
ment to that end.
"Prior to that appeal the presiden
had asked the opinion Of the attoI
ney general whether the Northeri
Securities company was in violation
of any federal law. Pending exam
nation Of the facts and law, state
ments were frequently made tina
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