The Caucasian. (Clinton, N.C.) 188?-1913, 1904-03-17
nounced in other cases. I"
OBJECTIONS ANSWERED.

privilege Of doing what IL might |
lawfully do under state Law wa
sternly met. "The constitution oil
the United States il the supreme
law" he said. "a lawful, con-ii-
tutional act Of congress l. a. binding
the constitution Of the United
States, the constitution of states TO
the contrary notwithstanding. mol
state, let alone one Of its artificial
creatures, can stand in it, way" i
"The ownership Of stock in rail
road, If that railroad does an inter
state business, IL in Itself interstate
com merce," declared the justice, in
reply 10 that objection which CON
tended that congress cannot forb d
an individual from di-p '-ing OF his
stock In corporations, or from III
vesting his money "a he may see
fit. .If the contentious Of the Nor
thern Securities were sound, why
could not all of the railroads in the
United States enter into cOmbi-
nation, and by the device of hold
ing corporation, control rates all
over the United States, against the
will Of congress? Congress may
protect the freedom of interstate
rates by lawful means. No state
coronation can stand in the way of
the enforcement of the popular will,
lawfully expressed.
The power Of congress over inter
state commerce extends to all the
Iinstrumentaiities of such commerce
and may remove everything that
tends to interfere with it.
Justice Harlan denied the sacred
ness of the doctrine that the right of
states was being trespassed on by
the law. If a state should allow a
railroad to do those things which
interfere with interstate commerce,
should congress be impelled to hold
. aloof on the ground that it would
invade state rights? Such a doc
trine could not be given effect with
out destroying the power of the
national government. No state can
give any corporation the right to
restrain intel state or international
law. The federal court can not pre-
vent the Northern Securities from
,, exercising its state rights, justly
a. given it by the state But it can
prevent it from doing that which
would destroy the act of congress.
, NO ooMBINATIoN STRONGER THAN
THE LAW.
"The affirmation or The decision
q below" said the court, "would only
q mean that no combination Is
stronger than the law or can avail
q itself of the pretext that state rights
r are attacked in the enforcement OF
8 lawful act of congress. No com
q bination, be it over so powerful, is
v beyond the reach of the supreme
law if it undertakes to restrain com
merce.
GA state may create cooperation
q and authorize it to engage in inter
+ state commerce.; congress has NJ
!. power over it unless what it done
- interferes with an act of congress
q A state may allow combines in re
straint of it's domestic trade if i
O sees fit, but it must not go beyond
, it's own borders, for national al
>. thority controls the instrumen
~ talitie. of interstate commerce,
A. $50 long as congress keeps with
~ in its constitutional right all mus
"a submit. Mischief only could resul
q by the courts departing from thi
20 principle of construction; it woul
70 strike at the foundation of our il
"a situations. A statute must be er
p. forced, unless it be clearly unconst
N tutional. To say that congress hs
90 erred cannot effect the decision {
no the court The election of ne'
* congress alone corrects such erro
90 The court must construe the statute
and enforce them if they be const
no tutional.
%. "To say that the enforcement (
q the statutes will in the end wrec
,st ruin is of no weight. 1t has bee
a the custom of corporations to pr
ho phesy evil when what they call the
NJ rights are attacked by statutes; b1
an even if the court shared the
he gloomy f,rebodings it could n
IT, overrule the policy of the legislati'
on branch. Congress has power to d
he termine that freedom of intersta
mo commerce shall not be disturbe
,re Courts cannot disregard that a
t,s thority."
The decree of the court belC
enioints that Northern Securiti
Company from acquiring stock
10 the two companies. from votil
,er- what it holds, from exercising al
om control over either of the roads
,ct, from permitting these things to
ich done. The decree of the court
un- low is affirmed with liberty in t
on execution of the degree as circu
ere stances may dictate.
des Justice Harlan occupied one he
ong in delivering the opinion. Just
Brewer followed him, concurri
wer in the findings of the court, but I
,m- going as far in some of his int
nth probation of the issues at stake.