The Minneapolis journal., 1903-04-04

quasi public purposes, clothed for that
reason with the ultimate power Of the state
to take private property against the Will
OF the owner, hold their corporate powers
as carriers in trust for the fairly impartial
service OF all the public. Favoritism ir
the use Of such powers, unjustly enrich
ing some and. sunjustly lmpover1shlng
others, discriminating in favor, OF some
places and against others, is palpably
violative of plain principles of justice. Such
a practice unchecked is hurtful In many
ways. Congress, having had its attention
drawn to&the matter, enacted a most i'm
portant anti-rebate law. which greatly
strengthens the interstate commerce law
This new law prohibits under adequate
penalties the giving and as well $the de
manding or receiving of such preferences,
and provides the preventive remedy,of in
junction. The vigorous administra tiOn N
this law, and it will be enforced, will, it is
hoped, afford a. substantial remedy for
certain trust evils which have attracted
public attention and have created public
unrest.
This law represents a noteworthy and
important advance toward just and eff
cfent regulation Of transportation. More
over, it's passage has been supplemented
by the enactment of a law to expedite the
hearing of actions Of public moment under
the antitrust act. known as the Sherman
law and under the act to regulate COM
merce, at the request of the attorney
general; and furthermore, additional FUNDS
have been appropriated to be expended
under the direction Of the attorney gem
eral in the enforcement of these laws.
Administration Of These Laws.
! All OF this represents great and sub
| stantial advance in legis1a ton. But more
| important even than legislation is the ad-
ministration of the law, and ask your at
| tn tho in (which
| the law has been administered by the
profound jurist and fearless public servant
who now occupies the position Of attorney
| general, Mr. Knox. 1 The constitution en-
joins upon the president that he shall
take care that the laws be faithfully exc
! cuted, and under this provision the attor-
I ney general formulated policy which
! was in effect nothing but the rigid en-
forcement, by suits managed with con-
summate skill and ability, both of the
antitrust law and of the imperfect pro-
/ visions of the act to regulate commerce.
The first step taken was the prosecution
of fourteen suits against the principal
| railroads of the middle west, restraining
them by Injunction from further viola
tions Of either Of the laws in question.
ThesNorthern Securities Case.
J About the same time the case against
the Northern Securities company was ini-
} tiated. This was corporation organized
under the laws Of the state of New Jer-
sey with a capital Of S40o,oOo,0oo. the al
legged purpose being to control the Great
Northern and Northern Pacific railroad
companies, two parallel and competing
/ lines extending across the northern, tfel
Of states from the Mississippi river tc
/ the Pacific ocean. Whatever the purpose
it's consurnmation would have resulted II
, the control of the two great railway sys
TENS upon which the people OF the north
) western states were SO largely dependen
5 for their supplies and to get their products
5 to market being practically merged intt
L the New Jersey corporation. The propo
) sition that these independent systems O.
; railroads should be merged under a single
: control alarmed the people of the, states
. concerned lest they be subjectedsto wha
) they deemed a monopoly of interstate
: transportation and the suppression 0
) competition. The, governors Of the state
l most deeply affected held a meeting t
consider how to prevent the merger be
Z coming effective and passed resolution
& calling upon the national government t
/ enforce the antitrust laws against tn
y alleged combination. When these reso
; lutions were referred to the attorney gen
. ! eral for consideration and advice, he re
h ported that In his opinion the Northern