The Cairo bulletin., 1904-03-15
BLOCKS PLOT TO CONTROL
All Traffic Lines In Northwest Difference
OF Opinions Among Supreme Judges
Regarding Case

out OF the combination OF the great
Northern railway company and tho
Northern Pacific railway company. in
10 the Northern Securities company.
which latter company was organized
Nov IL, 1901. He then summarized
briefly the allegations OF the govern.
ment and the defence of the Securi.
ties company.
HAVING outlined these prellminar
les, Justice Harlan came immediately
TO the judicial consideration of the
case and practically indicated the de.
eision Of the court In The first sen.
tence OF the opinion proper In that
sentence he said In our Judgment
the evidence fully sustains the mater.
lal allegations Of the bill. and showa
the violation Of the act Of congress in
SO far as to declare illegal every com.
bination or conspiracy In restraint os
commerce among the several states
and with foreign nations, and forbids
attempts to monopolize such com
| merce,''
He again recurred to the facts In
the case and said that laying aside
any minor things II was ndisputabla
That upon the principal facts OF record
under the leadership of Mill and Nor.
gan, the stockholders OF the two rail.
road companies having practically
parallel lines, had combined under
ne laws of New Jersey by organizing
corporation for holding of the
'hares OF the two companies upon an
tgreed basis Of value
Continuing, Harlan said. "This com
bination Is, within the meaning OF the
ict trust but II not Its combi.
nation In restraint of interstate and
International commerce and that II
nongh to bring IL under condem.
| lation of the fact" But IL such com.
1ination was not destroyed "all adj
vantages that would naturally come
o the public under operation Of the
general laws Of competition, as be-
tween the great Northern and Nor.
thern Pacific railway companies and
will be lost and the entire commerce
OF the immense territory In the nor.
thern part Of the United States be-
tween the great lakes and the Pacific
at Puget Sound, will he at the mercy
of a single holding corporation, or.
ganized In state distant from tho
peo pie of that territory.
Discussing The contention OF the
defedants that enforcement OF, tho
act of congress would be an interfer.
ence by national government with In.
ternal commedce of states creatinn
| those corporations. Harlan said.
This does not impress us. There is
no reason 10 suppose that congress had
/ my purpose to interfere with inter
nal affairs of the states, nor Is ther1
my ground whatever for the conten,
ion Of the antl.truct act regulating
their domestic commerce. By It's
iery terms the act regulates only com
nence among states and in foreign
states" Continuing he said: An act
If congress eonstitntionaly passed
under its power It's commerce among
| states and with foreign nations is
binding upon all as much as IL 1t were
embodied, in terms. in constitution
itself"
To sustain the contention of the de-
/ PENDANTS that any truct act, II held ~
embrace the merger case, is repug
nant to constitution. Harlan said It
would be to overuie prior decisions
of the court as 10 scope and validity
of antitrust act
If congress, be said conid strike
down a combination between private
/ persons or private corporations that
restrain trade among states, surely
/ Il ought not to be doubted that con.
gress has power to declare illegal
combination that restrains commerce
among states. and with foreign na.
| tions, as carried Oh over lines OF CONS
peting railroad companies in exercise
of public franchises, and engaged IN
each commerce
| Attention was given to the arssr
meBts that antitrust act mist b.
strictly construed In It's criminal fea.
lures. Quoting number Of authori-
ties on this subject. Harlan said.
Guided by these long established
rules Of construction. ii is manifest
that il the antitrust act Is held not
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