The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-03-15
HILL TO TALK LATER
Head of Merger Declares He Will Nc
Ask For RehearinR.

II must read the opinion and con-
suit with my friends before talking
about it."
Mellen Not Surprised.
New Haven, Conn, March 15.-C. s..
Mellen, president Of the New York,
New Haven & Hartford railroad and
formerly president Of the Northern
Pacific, said: ~5.
"The decision is what I anticipated.
feet"
Henderson Optimistic.
Omaha, March 15:--General Charles
F. Henderson, general counsel for the
Burlington, said that the decision
would neither benefit nor injure the
general public. He also stated that it
would In no way way affect the man
agement Of the three lines included in
the merger-the Burlington, Great
that each of them would continue to
operate as separate and competing
corporations. as
Knox Is Satisfied.
Washington, March 15.-Attorney
General Knox said:
My views cannot be better expressed
than In the language of one Of the best
known railroad presidents in the United
States upon the occasion Of the decision
against the government in the court be-
low. He said:
''The decision is sound law; good sense
and for the advantage of all legitimate
interests and for the country's welfare
and it voices the Judgment Of probably
nine-tenths of the most conservative bust
ness men Of the country"
The country is to be congratulated that
the governments protest against the first
appearance Of the holding company as a
| device to control competing interstate
railroads has not been in vain. ~
One Of the results of the government 8
action has been to accelerate the return
to more sober methods in commercial af-
fairs. think the danger OF uncontrolled
| personal power In railway management
has been averted. ...
AS to the bearing Of the decision upon
| other railroads have only to say: The
government has never claimed that the
law is any broader than it's language
| plainly indicates.
If between other railroad there exist
contracts, combinations and conspiracies
by which interstate commerce is re-
strained, then they violate the law. -
During the trial and argument the gov
eminent paid no heed to defendants con-
| tention that the makeup Of substantially
all the great American systems Of rail
roads was on trial.
| The governments position then was that
the question before the court was the
validity Of the Northern Securities device
Its invalidity is what the court has de-
cided.
The government is claiming no more
. now In respect to this case than it did
before the bar of the court.
! l say this much, not because it is nee
essary to give the country assurances that
the government does, pot mean to run
amuck, but because of tie historical char
4 acter Of that partaof ttb defendants case
and some utterances that followed the de.
cision Of the court below.
i Judge Thayer Gratified.
! st. Louis. March 15.-Judge Amos
Thayer Of the United States circuit
court, whose opinion in the Northern
Securities case was affirmed by the
supreme court, said:
From what I have seen Of the decision
it appears that all the points made IL
my decision have been affirmed. justice
Harlan holds that the Northern Securitie
company is clearly combination in re
straint of trade and that it is an attemp
to monopolize interstate traffic
Relative to the question raised as t
state rights, the decision clearly enunci
ates that in interstate matters congress
is supreme, and any act in violation o
this is absolutely void.
From what I have seen of the dissent
. ing opinion it appears that it is held tina
the antitrust law is purely criminal stat
!, ute and that congress did not enact it t
prevent men from organizing holding cor
porations. .
The great question in this case wa
8 whether corporations could be organize
that have no business of their own say
!: to act as a holding company for other cor
! porations and to be formed solely for tina
purpose.
e It Is obvious that If this could be don
\ one corporation could be formed to con
Y troll all Of the industrial plants of tn
}, United States.
g The decision OF the supreme court
f final Motions for rehearing are mad
: in this court, but never granted, especial
d i'll case like this. which has been mos
a carefully gone over time and again.