The Cairo bulletin., 1904-03-15

Washington, March i4,--ln the
United States supreme court today
opinion was delivered in the Northern
Securities merger case in favor OF
the government contention that the
merger was illegal.
The opinion of the court was hand
ed down by Justice Harlan and II
upheld the decree OF the United
States circuit court In Minnesota ir
every particular. Four of the justices
dasontcd from the five constituting
the majority The division in the
court was to the difference of opinion
as to right OF the federal control oi
state corporations Majority opinion
proceeded on tho theory that con
gress has right under the constitu
ton to control interstate commerce
no matter by whom conducted, while
the minority, or dissenting opinion
was based on tho theory that In tht'
present case the effort Is to regulate
the ownership of railroad stocks DI
state corporations and that such own.
ership Is not interstate traffic.
An effort was made by the court
to prevent the knowledge OF the fact
that the opinion vas to be rendered
today from getting 10 the public. but
nevertheless 1t was quite generally
understood among newspaper men
attorneys and others for an hour OF
so before convening Of court today
that the decision would be announced
When. therefore, the members O,
the court fled into the chamber a.
noon, they were met by an expect
ant crowd which filled every seat
both inside and outside the bar. Seat
ed among attorney General Knox ane
Secretary Taft and an unusual mum
Ter of senators and members Oh thf'
house, There was no surprise mani
tested when, promptly on assemblinj'
court, Justice Harlan began the de
livery of the opinion.
The fact that he had been selec
ted for the preparation OF the docu
mcnt at once led most OF the people
to conclude that the decision "oulc
uphold the Sherman antitrust law
and sustain the contention Of the gov
ernment. The Justice read his opin
ion from a printed copy, which cover
I'd thirty pages, and consumed al
hour and a quarter in its delivery
Very soon after Justice Harlan hac
concluded his presentation OF the case
II became evident that court had
divided on the question at issue aho
as other opinions were announced y
developed that there had not onit
been a very close shave Tor the gov
ernmenl, but that one of the members
of the court who cast his vote WIZ
The majority entertained opinions ol
his own which fact rendered the di
vision all the more marked and inter
esting,
This was Justice Brewer who, while
he concurred in the result announced
In an independent opinion OF his own
that he held the view that previous
antitrust decision had been more
sweeping than was justified. Four o.
the nine justices dissented outright
These we're Chief Justice Fuller, jus
tice White. pecham, Holmes.
The opinions Of Harlan and White
were long. while those of Brewer ant
Holmes were comparatively brief.
Tho ease decided today was
brought By the United States, against
the Northern Securities company. ?
corporation of New Jersey Great
Northern railway company. corpora
tjon of Minnesota. the Northern Paei
fc railway company, corporation
of Wisconsin: James J. Hill, eiti
zen Of Minnesota. William 7. Clough
ID. Willis James. John ). Kennedy. j
Pierpont Morgan. Robert Bacon,
George F. Baker and Daniel l.. Ia
mont, citizens of New York.
It's general object was TO enforce
as against the defendants, provisions
of the statute of July End, 1890. com
monty known as the antitrust act
and entitled An act to protect trade
and commerce against unlawful re
straint and monopoIies.
After announcing the Origin and tbs
purpose sought to be accomplished
by the suit, Justice Harlan, who de-
livered the majority opinion reviewed
the facts as disclosed by the records
.. a...-- 49, IL h.a .ro-v~