The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-03-19
MERGER
CASE IS
ARGUED :. !.
Governments Side i . Of
Contention of Merger.
ATTORNEY 4 BECK'S
81 PRESENTATION
Four Circuit Judges Sat To-
gether for First Time.
THIS WAS DONE TO h.
EXPEDITE CONCLUSION
Under Special Act Of Congress Case
May Be Appealed Directly to to, the the
United States Supreme Court.
Judge Paul Began Argu-
rnent for Company and
TO Continue To-Day.
Four Circuit Judges Sat To-
gether for First Time.
THIS WAS DONE TO
EXPEDITE CONCLUSION
my Aasncinted I,reas

;1'. LOUIS. MO-, March B.-For the
first time IN the history OF the United
States courts, and by authority Of spe-
cIal act OF Congress, passed last Fehru-
inry, four United States circuit Judges
are sitting together to hear arguments
In a case. the trial being being the fight
Of the government against the Northern
Securities Company, Of New Jersey, IN
Tho celebrated merger suit. Under this
Court for the district Of Minnesota Is
holding its session in ST. Louis. and by
THIS arrangement the case can 90 im-
nediately from this court to the Su.i
5prene Court Of the United States
whereas In tho general court proceed
Ing II, necessarily would 80 through the
Circuit Court Of Appeals. and a delay
OF from two to three years probably
would ensuc.
with the presentation OF argument for
the government By Assistant Attorney
Genera L James r. Beck, Afte~5 he had
rs late In the afternQon. rgu-s
Fmcnt for the Northern Securities Com
pany was begun BY former Judge; George
b Young. Of s. Il Paul.
Assistant Attorney-G General Beck began
speaking soon after court convened. ana
with the exception of two hours OF re-
cess. he spoke continuously until nearly
O'Clock. The courtroom was crowded
To hear his argument. MIR. Beck re-
ferred to- the Wabash injunction case.
which is being tried in the United states
District Court at tho other end OF the
building, saying that the laws are such
that employees of a railroad who do not
own one cent Of stock or p.ie rail Of
ct rftSin .
and thereby interfering with the inter
state commerce act by stopping traffic;
but that unless this court SO rules. the
government Is powerless TO prevent the
owners Of railroads themselves from
merging. preventing competition and
thereby Interfering with the very points
the interstate com1:erce act sought to
prtect.
In his argument Attorney Beck said
in part:
ut would be difficult to eSaggerate the
Importance of this controversy Few
cases have ever been presented to any
court which affected corporate interests
of such magnitude. and stu feWer
which. moro vitality concern the welfare
OF the American people. ,s.&
nIf competing carriers can form sta
bic, permanent and controlling comb!na-
ton with indefinite and perpetual pow
ers. through the simple device OF a So
called holding corporation organized un-
der State charter-a form which Is far
more inimical to tho public interests than
the traffic arrangements or Technical
trusts which tho law has hitherto con-
{tcnned- --tlen both the interstate com.
merce act OF 1887. with It's. inhibition OF
pooling. and the act of July .. 1880. with
its sweeping condemnation Of all com
binations in restraint Of trade or attempt
ed monopolies. will be nullified. Y by the
power OF individuals. who Will thus show
tho impotence OF tho declared VIII OF
the American people"
Mr.. Beck then reviewed the corporate
history OF the Great Northern. Northern
Pacific and Union Pacific system
Mr. Beck then annlyzed the charter OF
tho Northern Securities Company, and
said: .je5i
/ 'such extraordinary powers were never