The Montgomery advertiser., 1904-03-15
THE MERCER
 $ ILLEGAL. Victory for Government h
 Securities Case. SUPREME COURT DIVIDED Harlan Delivers opinion q 1he Majority.
SUPREME COURT DIVIDED
Four ef ths xsns Members o< fhe Ansuss xribunal Favor ths psfendants in che
 Famous susf.

Washington. March 1k--In the Uniz4a States supreme Court xod4y an opsul00 was delivered 3h the merger case of fh& Northern Securities Company versne <Aa United states Cove<nmaht, fu favor af
 the Government's contention taat t49
 mergeF wes illegal
 The opinion or the court w61 hand<S down hy Jus5ics Harlan. and it 1ph.<z the decree of the Circuit Court of tA4
 District of Minnesota in every p2r<l<af4x. I Four of the Justieves dissonted from {A& nvq conatItuying the me3orl{y.
 l The division in the court was dua <o ~ diMereuce Of opinion as to the right 1f Federal control of State corbcFAtfcnS Xii& majority opinion proceeded on the theory thai Congress has right. under th4 I Gpnsfitutscns to control lnxer4knte ruiiz* rlercs. no matter by whom confntfe6, while the minority. Cr dissenttnG opltlios.s was based on the theory that ia the nfe&t ent case fhe efkort is to rssuiate the 6Sn- efship of railroad stocks bf e,alS cofn3z ] lfAtions. and that such ownership is n1< | fnterstate trafife
 Ah effort was niads by the court t6 DIG. | vent knowledge of the fact that tist opifss 1 lon was e be rendered today frou. &et& ting to the public. but uegeFtheleha 3< was quite generally undozRtood ampH4 newspaper men, attorneys and others 3QT an hour or 90 before conv9ninS ng kAe court today shas the dociAion wepl4 ba 4 Crowd Was Wanting. When therefore, the memheFa of kb@ court filed into the chamber ak noon they were met bx an expectant crowd. whicN filled every seat both inside and oS$sl6A the bar. Seated among the atxprreTN Were Attorney General Knox and eecFA- Eehntors and members of the Hop4e. Hfpmptiy on the assembling of the caukts Jnstice Hnrlau began the delivery ef ,He oranlon
 Very aepn aftas snsslee 1fssian hnS HpE- einaNd hi4 nfHSenfHtf0h lf i1iA 6af& 2 nAeaAae eTiaens &ssas fllS 01.ixt had 0lHiA. lf deyeI0Sed thak Iere ha6 mot omly hNaH d very Close shav4 fof tA4 N1TNrnlnud&. bue that one 0k &he nacN1noYn 0f fiia court who aasz nfs vote with the nihjox- fly entertained An iahdApendefg opinion which fact rendered tgs division all lna more marked and interesting. This was Justice Brewer, who. while he concnrrsd in the result as announceds In an independent opinion of his own 2Nl0 that he held the view that previous anti trust decisions, had been more sWeepInH than wGs justifed
 Four of the nine Justices dissente6 oueS right. Thess wero Chief Justice Enils< ana Justices White Peckhan ana Holmes. The opiniaf Of Juetico Harlan and White were long. while those of 1nHs ticeB Brewer and Holmes were compeYM@ lively brief. The fact was noted by zevs erai persona that tbe argument ln the months previous 10 the decision. So tna@ portanf q case this is considered very brief interim between the arguments and the decision.
 History of Casa After announcing the origin and the purpose sought to be Accomplished by tise suit Justice Harlan reviewed ths facts as disclosed by tho record in the case. showing that tt had grown out of cons blnation of the Great Northern RailWaN Company ana ths Northern Pacific Nail@ way Company into the Northern Saruri@ ties Company, which latter co1npAny waa organized November D. 1901. Hs then summerlzed very briefly the alienaef5nn of the Government ana the defense of tha Securities Company. Of the govoFne
 ment's case he said:
 'The government charges that 1T the
 combination was held not Co be in viola~
 lion of tho Act of Congress. then alI sf-
 forts Of ena nationai government to pre- serve to the people the benefit oE free
 competition among carriers engaged la
 interstate commerce viii be wholly un-
 awaiting. and all trnnsconkinentai lines.
 indeed tho entire railway systems of the
 country may be absorbed. merged and
 consolidated. thus placing the public aE
 tho Absolufe mercy of the holding corr poration," ana of the railroad case. ne
 saids
 ssrhe several dafendants denied. all the allegations of the bill imputing to them
 Q purpose Co evade the provisions of the
 Act Of Congress or to form combination
 or conspiracy having for it's object either to restrain or monopoliSo comunerca
 or trade among the States OF with foreign nations. They denied that any combination or conspiracy was form ed in violation of the act.
 The Opinion Proper.
 Having outlined these preliminaFies
 Justice Harlan came immediately Co Inc
 JudlcIsI consideration of the case ana
 practically indicated the decisi6n 0f tho
 court in tho first sentence of the opinion
 proper. In that sentence he said:
 ''in our Judgment the evidence fully
 sustains the material allegations of lhs
 bill and shows a violation of Che aUe of Congress. insofar as 1t declares illegal every combination or conspiracy in restraint of commerce among eAs several states and with foreign nations, aud for bids attempts to monopolize such com merce."
 He again recuTrsa to the facts fn the case. and said that laying aslda any minor things it was indisputable thar upon the principal facts o4 fho record under the leadership of Fiil and Morgan the stockholders Of the two railroad eom- panies having practically parallel lines ae railroad. had combined under the iawa af New Jersey by organl1inG corporation for the holding Of the shares of the two companies. upon an agreed basis Of vaiue. Proceeding he said:
 ''The stockholders of these two com peiing Companies disappeared as such for the moment but immediately reaDpeafea as stockholders of the holding compang which was thereafter to guard ihs ln- terests of both sets Of stockholders as unite and to manage or cause io he managed both lines ot railroad as f hald in one ownership.
 Necessarily. by this Combination oF ag-