Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1904-03-17

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Washington, March 15.-In the
United States supreme court yesterday
an opinion was delivered In the mer-
ger case Of the Northern Securities
company va. the United States in IA
vor of the governments contention
that the merger was illegal The opin-
lon of the court was handed down by
Justice Harlan and 1t upheld the de-
cree OF the circuit court for the dis
trict of Minnesota In every particular.
Four Of the justices dissented from
the five constituting the majority.
The division In the court was due to q
difference Of opinion as to the right
OF federal control OF state corporations.
The majority opinion proceeded on the
theory that congress has a right under
the constitution to control interstate
commerce, no matter by whom con-
Quoted, while the minority or dissent
ing opinion was based on the theory
that In the present case the effort to
regulate the ownership is not inter-
state traffic.
An effort was made by the court to
prevent the knowledge Of the fact that
the opinion was to be rendered yester-
day from getting to the public, but
nevertheless 1t was quite generally un-
derstood among newspaper men, at
torneys and others for an hour or so
before the converting of court that the
opinion would be announced. When,
therefore, the members of the court
filed into the chamber they were met
by an expectant crowd which filled
every seat both inside and outside
the bar. Seated among the attorneys
were Attorney General Knox and Sec
rotary Taft and an unusual number Of
senators and members Of the house.
There was no surprise manifested
when, promptly on the assembling Of
the court, Justice Harlan began the
delivery of the opinion. The fact
that he had been selected for the
preparation of the document at once
led most people to conclude that the |
decision would uphold the Sherman
antitrust law and sustain the conten-
lions of the government. The justice |
read his opinion from a printed copy,
which covered 80 pages and consumed |
about an hour and a quarter In its |
delivery.
Very soon after Justice Harlan had
concluded his presentation Of the case
II became evident that the court was
divided on the questions at issue and
as other opinions were announced 1t
developed that there not only had
been very close shave for the gov
eminent, but that one of the MEM
bers OF the court who cast his vote
with the majority entertained opin.
Ions of his own, which fact rendered
the division all the more marked and
Interesting. 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 decisions had been
more sweeping than was justified.
Four Of the nine justices dissented
outright These were Chief Justice
Fuller and Justices White, Peckham
md Holmes. The opinions Of Justices
Harlan and White were long, while
hose of Justices Brewer and Holmes
we're comparatively brief All told,
he court consumed two hours and
ihree-quarters in disposing Of the
,ase. The fact was noted by several
persons that the argument in the
,ase was begun December IA, Just three
months previous to the decision. For
70 important a case this is considered
very brief interim between the ar
yuments and the decision. The case
iecided yesterday was brought by the
United States against the Northern
Securities company a cOrDOration of