The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-15
(By the Associated Press.)


Washington. March lin the United
States Supreme Court today an opinion
was delivered in the merger case of the
Northern Securities Company VS. The Uiii-
ted States in favor of the governments
contention that the merger was illegal.
The opinion of the court was handed
down by Justice Harlan and it upheld the
decree of the Circuit Court for the Dis
trict of Minnesota In every particular.
Four of the justices dissented from the
five constituting the majority
The Lewiston in the court was due to
a difference of opinion as to the right of
Federal control OF State corporations. The
majority opinion proceeded on the theory
that Congress has a right under the Con-
stitution 20 control interstate commerce,
no matter by whom conducted, while the
minority or dissenting opinion was based
on the theory that in the present case
the effort is to regulate the ownership
of railroad stocks by State corporations
and that such ownership is not inter-
state traffic.
An effort was made by the court to
prevent knowledge of the fact that the
opinion was to be rendered TODAY from
getting to the public; nevertheless j;
was quite generally understood among
newspaper men, attorneys and Others FOR
IN hour or so before the convening of
court today that the decision would be
announced When. therefore, the mem
bers OF the court filed into the chamber
at noon they were met by an expectant
! IL f1o
and outside the bar. Seated among the
attorneys were Attorney General Knox,
and Taft, and an unusual number of SEN
ators and members of the House oil Rep
resentatives There was no surprise man
ifested when, promptly on the assembling
of the court, Justice Harlan beran the
delivery of the opinion. The fact that
he had been selected for the preparation
of the document at once led most people
to conclude that the decision would up
hold the Sherman antitrust law and sus-
tain the contentious Of the government
The justice read his opinion from q PRINT
ed copy, which covered thirty pages and
consumed about an hour and a quarter in
its delivery.
Very soon after Justice Harlan had con-
clIded his presentation OF the case 1t be-
came evident that the court had divided
on the questions at issue, and as Other
opinions were announced it developed that
there not only had been very close
shave for the government but that one oI
| tn. members Of the court who cast his
vote with the majority entertained opln-
iors of his own, which fact rendered the
| division all the more marked and inter
esting. This was Justice Brewer who,
h. N hn
ncunced in an independent opinion OF his
own that he held the view that previous
antitrust decisions had been more sweep
ing than was justified. our OF the nine
justices dissented outright. These were
Chief Justice Fuller and Justices White,
Peckham and Holmes. Dissenting opin-
ions were delivered by Justices White and
Holmes The opinions Of Justice Harlan
and White were long, while those or
Justices Brewer and Holmes were COM
paratively brief All told, the court con-
sumed 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 December IA, just
three months previous to the decision.
For so important a case this IS considered
q very brief interim between the argu-
ments and the decision. The case decided
today was brought by the United States
against the Northern Securities Company,
a corporation of New Jersey; the Great
Northern Railway Company, corporation
of Minnesota: the Northern aPclfc Rail-
way Company, q corporation of WiscOn-
sin: James j. Hill, a citize of Minnesota;
and William P. Clough, D. Willis ames,
John S. Kennedy; j. Pierpont Morgan
Robert Bacon George f. Baker and Dan
iel Lamont citizens of New York.
It's general object was to enforce, as
against the defendants, the provisions OF
the statute Of July End, 1890, commonly
known as the antitrust act. and entitled
"An act to protect trade and commerce
against unlawful restraint and monopo-
lies
Justice Harlan practically indicated the
decision of the court in the first sentence
Continued on Second Page.l