The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-03-15
THE Trust pEclsIoN.

HE decision OF the supreme court
Of the United States in what is
known as the Northern Securities case
cannot fail to be a source Of gratifca-
ton to a great majority of the people
Of the country And, while the ques-
ton is not one OF politics. but of law
and justice and right, it is pleasant to
be able to note with truth that the
meat Of the decision is its approval OF
the Democratic doctrine that congress
has the power to regulate the trusts.
Justice Harlan, who read the decision.
said emphatically that the power Of
congress over interstate commerce is
as complete as the power of a state
over domestic commerce.
This is the very point over which a
great contention has been raised, in
congress and out Of it. The Democrats
have taken the stand that no constitu-
tional amendment is necessary to give
power TO congress TO regulate the
trusts; that congress already has that
power. The Republicans. headed by
no less an authority than President
Roosevelt, have declared an amend
ment to be necessary. The decision on
this point IS sound law and, what is
even more, il is common sense-for
sound law and common sense do not
always run together.
The Northern Securities company,
organized fer the purpose of emecting
n combination OF the Great Northern
and Northern Pacific railways. parallel
and competing lines. is held TO be an
unlawful corporation. The immediate
effect of the decision VIII be the disso-
luton Of this company and the segre-
cation Of the Great Northern from the
Northern Pacific. The tone of the
decision indicates that J. Pierpont Nor
gan himself was mainly responsible for
the casting OF the combinations fat
into the fire. Justice Harlan, accord
ing 10 the dispatches from Washington.
declared that "the only object of the
merger was 10 prevent competition,
and If no one else knew this to be the
case. ]. Pierpont Morgan, one Of the
defendants. knew that to have been the
case" And he cited extracts from Mr..
Morgan's testimony in the United
states circuit court.
Any combination doing an Interstate
business that restricts or prevents COM
petition il. under this decision. unlaw-
ful. The court does not go into the
question Of the right or wrong of com
binations and trusts. 1t simply up
holds the law, the Sherman antitrust
law, under which the action against
the Northern Securities company was
instituted. It should be very easy now
to reach the meat trust, which is clear
~ combination in restraint of trade
within the meaning Of the statute
Evidence in abundance to sustain a
serious prosecution OF the meat trust
can be obtained without difficulty.
The Standard Oil company, than
which there is no more iniduitous
trust, may be harder to reach because
it is not a combination. 1t is simply
an enormous corporation but it has
throttled competition and fixed prices as
remorseiessly as any combination
could. Now that it has been definitely
decided that congress has the power
to regulate the trusts it is quite prob
able that legislation under which the
Standard Oil company can be reached
Will be enacted.
The decision handed down yesterday
was a majority decision. The govern
ment had, indeed, a narrow escape. as
four of the nine justices held adversely
TO ii. However. with such eminent
jurists as Harlan and Brewer on the
ton as to the business of the verdict.