The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-15
IN CHIEF TRIBUNAL.
Continued from First Page.

OOHlllluGu lIOIll IdSGs
in their purchase by the Northern Sc
curities Company.
Mr.. Bum laid down the general
proposition that the acquisition of the
stock of two railroad companies or of
one company was not an act in re-
straint of commerce. To say that be-
cause man owns the stock of two
parallel roads he is going to restrain
commerce was contrary to fact, and
might just as we'll be said of a man
who owns one road.
Justice White INTERRUPTED Mr.. Bum
to inquire if he was to understand his
argument to maintain that the drawing
of articles of consolidation was not in
itself violation of the antitrust law.
That is it precisely" answered Mr..
Bum.
Points Made by Knox.
Attorney General Knox followed. In
beginning Mr.. Knox outlined the at
titude of the government towards the
case, saying that it was zone of
grave concern, based upon it's con-
viction that mischievous evasion of
the law has been attempted, as well
as upon it's especial interest in and re-
lations to one of the properties eff
fected. Mr.. Knox made the following
points:
First-That the Northern Pacific
Railroad was built under the authority
of the United States and in the main
with capital furnished by the United
States, and that the United States in
tended and attached the condition to
it's contribution, that the railroad
should be a great independent national
highway and specified that the object
of its construction was ito promote
the public interests
Second-That by different devices
employed during the past ten years,
the defendants, or some of them, have
endeavored to destroy the independ-
ence of the Northern Pacific Company
and bring it under the domination of
the Great Northern Company.
Third-That the Northern Securities
Company is an fundamentally devised
by defendants to acquire, hold and ex-
ercise control over these two parallel
and competing lines of railroads. to
destroy competition between them, to
create a monopoly of transport alton in
the section served by them, and to de-
feat the condition attached by the
United States to the franchise and
land grants of the Northern Pacific
Company.
Based Additional Propositions.
Upon this statement the Attorney
General based the following PROPOSE
tons:
First. That the arrangement effect
ed by defendants is a combination ir.
restraint of interstate commerce, and is
illegal under the first section of the
Sherman act.
Second. That it constitutes mo-
nopoly under the second section of that
act.
Third. That the court has the power
to prevent, restrain, or otherwise pro-
hibit it.
The Attorney General gave detailed
account of the attempt to secure con-
troll of the Northern Pacific road. Mr.
Morgan, he said, knew of this attempt,
sympathized with it and assured Mr..
Hill if he failed they could work the
two railroads in harmony.
The Attorney General concluding his
presentation of the evolution of the
Securities Company, said:
These facts clearly establish that it
is an fundamentally created to con-
troll the Northern Pacific and Great
Northern railroads, and. through their
ownership of the Burlington, to con-
troll that road likewise -
At this point Justice White remind
ed Mr.. Knox that he had made refer
ence in the beginning of his argument
to the act of Congress organizing the
Northern Pacific Railroad. and asked
him if the case rests upon that act.
Mr.. Knox replied that it did not and
added that he had merely referred TO
that legislation in reply to the ref1ec-
ton that the government had under
taken to interfere in a case in which
it had no interest.
The Attorney General was able be-
fore adjournment to announce only
one proposition by way of argument
and that was contained in the follow
ing sentence: This merger of inter-
ests was a combination in restraint of
commerce among the states and was
intended SO to be; and with or without
a proven intention it is illegal, as by
virtue of the combination it is guilty
of the mischief which the law is de-
signed to prevent, namely, it brings
TRANSFORMATION and trade throughout
a vast section of country under the
controlling influence of single body
and destroys any possible advantages
the public might have through any
connection between the two lines.
The court adjourned morrow,
when Mr.. Knox will continue.