The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1904-03-19
The MERGER DE-
GLARED 4 TRUST

IN the United States Supreme court Mon
Jay an opinion was delivered in the mer-
ger case OF the Northern Securities com
Pahy versus United States, in favor of the
governments contention that the merger
was Ilegal. The opinion of the court was
named down by Justice Harlan, and it up-
held the decree of the Circuit court for the
District OF Minnesota in every particular.
four OF the justices dissented from the five
constituting the majority The division in
tne court was due to difference of opinion
as 10 the right of federal control of State
corporations.
Inc majority opinion proceeded on the
6heory that Congress has right under the
| constitution to con troll interstate commerce
no matter by whom conducted, while the
minority or dissenting opinion, was based
on the theoay that in the present case the
| effort to regulate the ownership is not in
| terstate traffic.
An effort was made by the court to pre-
vent the knowledge of the fact that the
opinion was to be rendered Monday from
getting to the public, but nevertheless it
was quite generally understood among
newspaper men, attorneys and others for
an hour or so before the converting of court
Monday that the opinion would be an
nounced. When, therefore, the members
OF the conrt filed into the chamber they
were met by an expectant crowd, which
filled every seat, both inside and outside
the bar.
Very soon after Justice Harlan had con-
cluded his presentation of the case it be-
came evident that the court had divided on
the questions at issue, and as other opin-
ions were announced it developed that
there not only had been very close shave
for the Government, but that one of the
members OF the court who cast his vote
with the majority entertained opinions of
his own, which fact rendered the division
all the more marked and interesting. This
was Justice Brewer who, while he con-
CURED in the decision, announced in an
independent opinion of his view. that pre-
vious antitrust decisions had been more
sweeping than was justified.
-Four of the nine justices dissented out
| right. These were Chief Justice Fuller and
Justices White, Peckham and Holmes
The opinions of Justices Harlan and White
were long, while those of Justices Brewer
and Holmes were comparatively brief. All
told the court consumed two hours and
three-quarters in disposing of the case
The fact was noted by several persons that
the argument in the case was begun Dec
ember 14th, just three months previous to
the decision. For so important ca Sc this
Is considered a very brief interim between
the arguments and the decision The case
decided today was brought by the United
States against the Northern Securities COM
pany, corporation of New Jersey the
Great Northern Railroad company, a cor
poratiOn of Minnesota; the Northern
Pacific Railway company. a corporation of
Wisconsin James J. Hill, a citizen Of
Minnesota, and William P. Clough, D.
Willis James, John S. Kennedy, J. Pierpont
Morgan, Robert Bacon, George F. Baker
and Daniel Lamont, citizens of New York
Its general object was to enforce, as
against the defendants, the provisions of the
statute Of July 2, 1890, commonly known
as the antitrust act, and entitled IAN Act
to Protect Trade and Commerce Against
Unlawful Restraint and Monopolies.