The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-08-10
JUDGE LocHREN's DECISION
Rosto,n9H

Boston Herald.
The point on which the issue Use made Is
one that must necessarily be considered In
poth cases. The state law end the federal
law are both directed against comb1na-
tons In restraint Of trade. Two railroads,
the Great Northern and the Northern Pa
cine, are substantially parallel and COM
petlng roads. The Northern Securities
company Is a corporation organized for
buying and holding the control Of both,
and is composed of the managing officers
OF both. What other possible motive
could such an enterprise have than to pre-
vent rivalry and all competition that tends
to reduce and to keep down rates? The
circuit court said that such a contract OF,
merger was an act In restraint Of trade,
and that 1t did not matter that the merger
company controlling both roads had not
yet exerted its full power Of regulating
rates and monopolizing trade. '"The vice
OF such contract or combination said
the court, is that 1t confers the power to
establish unreasonable rates. and directly
restraints commerce by placing obstacles
In the way of free and unrestricted COM
petition between carriers who are natural
rivals for patronage" b
Judge Lochren,I ION the contrary, asserts
that neither the nation nor the state has
authority to prevent contracts of combina-
ton and control that may exercise such
power of injury to the people. That either
nation or state can act only when the
combination which 1t Is powerless to pre-
vent has committed some overt act in re-
stra1nt Of trade, for5 which act Uf de-
teeteD it can be called to account, and,
upon conviction by due process Of law,
can be punished 1t will certainly appear
TO the people that this view of the power
OF government, national or state, is equiv
alent to pronouncing it impotent to main
tain the conditions of competition that
a tn SI,1 III
treatment. According to this theory, gov
eminent has no power to prevent the es-
| tabllshment Of monopoly, but only power
TO attempt to control its exactions. Give
the corporations full privilege to unite and
combine at will, and the people to be
plundered may get justice and considera-
ton If they can. .@t :
The people know how difficult it is for
| them, In either their individual or their
collective capacity, when they have nc
competitive ally to contend with the craft
the corruption, the resources and the in
science Of some corporations. When a
| tyrant has been created, installed and
confirmed, 1t is In the nature of the crea-
! ture to act like a tyrant, with all a
tyrant's selfishness audacity and cruelty
In dehance. Of laws and rights and moral
| 1ty. Have we had our experience of the
Standard OIL company and the anthracite
combination and not learned that the eff
cient control Of such monsters of greed
and oppression is practically impossible II
| they are permitted to exist? Have we not
| seen how the smaller RAILROAD corpora
| tons, as well as the larger ones, con-
| temptuously violate regulations intended
| to prevent favoritism? & .
This experience, as well as the state
manshlp Of common sense, teaches that
public rights to be surely protected must
be guarded against these huge monopolies
| For this end the Sherman law, and the
Minnesota statute were framed. If the
courts interpret such statutes in man
ner. to nullify or emasculate them, the
| courts will soon cease to command the
| respect of an afflicted and suffering peo-