The Indianapolis journal., 1903-04-10
Statement by william A. Day ns 60 the
Scope of the Decision and Mr.
knox's Efforts TO Secure IL.
J. J. HILL NOT DAUNrED
SAYS THE COURT CANNOT DISTURB
OWNERSHIP OF HIS ROADS.
j. Pierpont Morgan Inclined TO Be 0p.
timistic-COnfcrence Of Financfers
Held mt His ONCE.

WASHINGTON. April e.-Assistant At
torney General William A. Day. who took
a prominent part in the argument before
the United States Circuit Court sitting
Gently at ST. Louis in the Northern Securi-
ties merger case. in speaking OF the de-
cision of the court announced to-day. said:
''The judgment OF the court in the North
ern Securities case is one of far-reaching
consequences, and reaffirms the right OF
the people to be free from monopoly, and
establishes for all time the high purpose.
courage anl legal wisdom of Attorney Gen.
eral Knox.
by this decision doubt has been re-
solved into certainty, and all may know
the limits to which combinations in re-
straint of commerce may so. The COM
bination is resolved into it's original ele-
ments, with the decree Of the law that they
shall compete
lone afternoon in February 1902 Attor-
ney General Knox publicly announced that
he had given opinion to the President
that the Northen Securities Company.
which had secured control of the Great
Northern and Northern Pacific railways.
was an unlawful combination in restraint
of commerce between the States and
pare a bill for its dissolution.
when the Northern Securities Company
was formed ii produced great alarm among
the people of the northern tier of States.
lying between Lake Superior and the Pa
cihc ocean. These States entirely de-
pendent upon the two roads in question for
the transportation of their crops and prod
ucts to market. 1t was regarded such
menace to their prosperity that the Gov
ernors of those States met at Helena,
Mont, to take such steps as were prac-
ticable to prevent the consummation of the
proposed monopoly. and they invoked the
aid of the federal government: to that end.
Prior to that appeal the President had
asked the opinion of the attorney general
whether the Northern Securities Company
was in violation of any federal law. Pend
ing examination of the facts and law state
ments were frequently made that this mer-
ger scheme was beyond the reach of the
federal power. However. the attorney gen.
eral met the situation, maintaining that no
disguise OF monopoly, whether acting be-
hind the mask of state charter
through the operation of a freight traffic
association. could successfully nullify the
declared policy OF the government So,
pursuant to his opinion 10 the President.
the suit was instituted and persstently
pTeSSeu 10 tT1dl
1T was his judgment that the Sherman
antitrust law had not exhausted the power
of Congress In controlling and regulating
combinations in restraint of commerce.
This case from the original opinion 10 the
President step by step through every phase
has been conducted with the advice and di-
rection of the attorney general The pa
tient and exhaustive labors involved in his
uncompromising attitude can only be ap-
preciated by those whom the attorney gen.
erai selected as his aids in this great work.
And Ii was due alone TO his prescience
that the special tribunal was created to
try this and other like cases of great public
moment Perceiving how closely inter-
woven with the general prosperity were the
abuses of monopoly and combination and
appreciating their jeopardy. to commercial
and Industrial interests of long delays in
litigation. and of doubts and uncertainties
concerning the operation of the antitrust
law, he, during the Christmas holidays
conceived a law which requires not less
than three circuit judges. instead of one
as heretofore, TO speedily try such cases
and give them precedence over all others
AS result of that law and within two
months of its enactment the country has
the decision of four United States Circuit
judges. three of whom have had many
years of distinguished service on the bench
and who rank high among the most emf
nent judges of our time.
The victory in this great case is not
merely a legal triumph. The case has been
fought to success that the lines of trans
portation for persons and property might
be kept open, and that legitimate competi-
ton might prevail"