Morgan County democrat. (Versailles, Mo.) 1900-1906, 1904-03-18
KNOCKED OUT BY
SUPREME COURT
Northern Securities Combination
Declared Invalid.
HARLAN CALLS IT A TRUST
Court UOIds Tint the Merging OF
Northern Pacific ma GrrEt
Northern Companies Was In
SiOIntiOn Of Law.

Washington, March Elm the Unit
ed States supreme court Monday an
opinion was delivered in the merger
case of the Northern Securities Co.
versus the United States, in favor Of
the governments contention that the
merger was Illegal. The opinion OF
the court was handed down by Justice
Harlan, and it upheld the decree Of
the circuit court for the district Of Min
nesota in every particular. our of the
justices disscnted from the five cOnsti-
luting The majority.
The division in the court was due
% "A difference Of opinion az TO the right
If federal control OF state corporations.
The majority opinion proceeded on the
theory that congress has Il right, under
the constitution, to control interstate
commerce, no matter by whom con
Quoted, while the minority or dissent
ing opinion wa based ON the theory
that IN the present case the effort to
regulate the ownership Is not inter
state traffic.
DerisiOn WINS Expected.
An effort was made by the court TO
prevent the knowledge Of the fact thai
the opinion was to be renderedMonday
from getting to the public, but never
thclcsB it was quite generally under
stood among ncwspapermcn, attorneys
and others for an hour or 80 before the
converting OF court Monday that the
decision would be announced When,
therefore, the members Of the court
filed into the chamber at noon, they
were met by an cxpcctant crowd which
filled every seat both inside and out
side the bar. Seated among the httOr-
ucyS were AttOrncy-Gcncral Knox
and Secretary TAFT, and an unusual
number of senators and members Of the
hOuEn.
There vas no surprise manifested
when, promptly on the assembling Of
he court, Justice Harlan began the de-
livery Of the opinion. The fact that
he had been selected for the prepare.
ton Df 'hc document AT once led most
people TO conclude that the decision
would uphold the Sherman antitrust
law and sustain the contentious Of the
government. The justice read his opin-
ion from a printed copy, which covered
80 pages, and consumed about an hour
and "A quartz: In It's delivery.
Very Hoon after Justice Harlan con
GUIDED his presentation Of the case It
became evident that the court had d.
vihed on the questions al Issue, and ere
he opinion was announced II developed
hat not only had Their" been "A very
close shave for the government. but
that one Of the members Of the court
who cast his vote for th" majority en-
tcrtaincd opinions Of his own. which
fact rendered the division Of all more
marked and interesting. This was
Justice Brewer, who, while he con
CURED in tn" result, announced IN an
independent 81 iniOn Of has own that he
held ihc view that previous antitrust
decisions had been NOR" sweeping than
was justified.
Four Of the nine justices diss"ntel
outright. These were Chief Justice
Fuller aud justices White, rcckham
and Holmes The opinions Of justices
IIll i"ii 'IIi wv IIlEs ~
those OF Justice Brewer and Holmes
were comparatively brief. All told, the
court consumed l"O hours and three
quarters in dirpoaing Of the case The
fact WaB noted by several persons that
the argument in The case was begun
December II, just three months pre-
viOuB 10 the decision. FOr 80 impO tant
n ca" ihis 10 considered IA very brief
interim between III" arguments and
the decision.
ui.,nry 90 the Cnsr.
The "asc decided Monday was
brought by the United States ayainst
the Northern Securities co. Il corpora
ton Of New Jersey; the Great North
crn Railway Co, II corporation Of Min
nceoia; the Northern Pacific Railway
Co, Il corporation Of Wisconsin; Jane,
j I'M, Il citizen Of Minnesota, and
william i. ClOugh, - Wits James,
John =. Kennedy, i. FicrpDnt Morgan,
Robert Bacon, George T.. Baker and
Daniel Lamont, citizens Of New York.
It's general object waB TO enforce, AZ
against the defendants, the provisions
III the statute Of July 2, 1880,
~ known AZ the nnti-,rus, act. and IN
titled An act To protect trade and com
mercc against unlawful restraint and
mOnppolics.'
1larTtmnn Refuses Ia Imlk