Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-03-15
MERGER DECISION.
Verdict for the Government in
Great Suit.
Circuit Courts Opinion for Minnesota
District Upheld.
Northern Securities Comes Within
Northern Securities Comes Within
Antitrust Prohibition.

ed States supreme court, today, an
opinion was delivered in the merger
case CO the Northern Securities 90. -
the United States. in favor OF the gov
ernmcnt's contention that the merSc.
was Illegal. The opinion of the co"i-
was handed down by Justice Hilri'''i
and it upheld the decree Of the clrcuIt
court or the district of Minnesota III
every particular. Four Of the Justices
dissented from the five constituting tie
ma iOrfty.
The division in the court was Que 20
a difference of opinion as to the rlsht
of the federal control of state coil'oi"
tiOrs. The ma jority opinion pfoceeue'
On the theory that Congress has Il fisiiI
under the constitution to control llltei
state commerce no matter ny "nc'
conducted, while the minority OF us
scrtinS opinion was based on the llie-
Dry that in the present case the eiloi
is to regulate the ownership Oh T'll
road sto"l<s by state corporations ana
that such ownership is not Interstate
traffic.
An effort was made by the court to
prevent knowledge of the fact tnat the
opinion was to be rendered, today.
from going to the public, but never
theless it was quite generally under
stood among newspapermen, attorneys
and others for an hour or so before the
lcOnvcnins of court, today, that the de-
cisiOn would be announced. WheE,
therefore. the members of the court
fled into the chamber at noon, they
We're met by an eXpectant crowd whlch
filled every seat both inside and outside
! the bar. Seated among the attorneys
We're Attorney General Knox and Seq
rotary Taft. and an unusual number
of senators and members of the House
of Representatives There was no sur
prise manifested when. promptly on
the assembling of the court, Justice
Harlan began the delivery of the opin-
ion. The fact that he had been selected
for the prepa ration of the document IT
once led most people to conclude that
the decision would uphold the Sher-
man antitrust law and sustain the
contentious Of the government. The
justice read his opinion from printed
copy which covered 80 pages and con-
sumed about an hour and Il quarter in
its delivery.
Very soon after Justice Harlan had
concluded his presentation of the case
it became evident that the court had
divided ON the questions at issue, and
as other opinions We're announced ii
developed that there not only had beer
Il very close shave for the government
but that Justice Brewer. who cast hi:
vote with the majority. entertained
opinions of his own, which fact rem
dered the division all the more marked
and interesting.
While he concurred in the result
Justic" Brewer announced in an indie
pendent opinion of his own, that he
held the view that previous anti-trusy
decisions had been more sweeping than
was justified. -Four OF the nine Justices
chief Justice Fuller and Justices
White, Peckham and Holmes. Gissented
outright. The opinions of Justices
Harlan and White were long. while
those of Justices Brewer and Holmes
were comparatively brief. All told the
court consumed two hours and three
quarters in dispensing of the case
The fact was noted by several per-
sons that the argument in the case was
begun Dec. II. just three months pre-
ViouS to the decision. For an important
case this is considered Il very brief in
terim between the arguments and the
decision. The case decided, today. was
brought by the United States against
the Northern Securities Co. 4 corpora :
ton of New Jersey: the Great North
ern Railway Co, 4 corporation of Min
nesota: the Northern Pacific Railway
Co. Il corporation of Wisconsin: James
j. Hill. Il citizen of Minnesota: ard
William y. Clough. D. Willis James
John =. Kennedy. J. Pierpont Morgan
Robert i'acon. George f. Baker and
Daniel Lamont. citizens of New York
Its general object was to enforce, rs
against the defendants, the provisions
of the statute of July >. 1890. commonly
known ms the antitrust act. and en-
titled An act TO protect trade and
commerce against unlawful restraint
ana monopolies.
Washington. March 1.-THE opinion
htl 30 l,n