Gilpin observer., 1904-03-17
NOCKS eur MERGER
SUPREME coUR-'e DECISION IN
NORTHERN SECURITIES CASE.

Adverse Decision Of Circuit Court Is
Sustained by Majority Of onc-con-
gress Has Power to Regulate Inter-
state Commerce.
Washington, March 15.-In the Unit-
ed States supreme court an opinion
was delivered in the merger case of
the Northern Securities company VS..
tho United States In favor OF the gov
ernment's contention that the merger
was Illegal. The opinion of the court
was handed down by Justice Harlan
and it upheld the decree of Che circuit
court fer the district of Minnesota in
e-ery particular. Four of the Justices
dissented from the hve constituting
the majority.
The division in the court was due
to difference Of opinion as to the
right of the federal control of the
state corporation. The majority opin-
ion participated in the contention that
congress has a right under the consti-
tuition to control interstate commerce.
no matter by whcm conducted while
the minority, or dissenting, opinion
was based on the theory that in the
present case the effort Is to regulate
tho ownership and not interstate
traffic.
An effort was made by the court to
prevent tho knowledge of the fact that
the opinion was to be rendered from
getting to the public but never
treless 1t was quite generally under
stood among attorneys and others for
an hour or so before the convening of
the court that the decision would be
announced. When, therefore, the men,
bers OF the court filed into the cham
ber at noon they were met by an ex-
pectant crowd. which filled every seat,
both inside and outside the bar.
Seated among the attorneys were At
torney General Knox and Secretary
Taft and an unusual number of sena-
tors and members Of the house. There
was no surprise manifested when,
promptly on the assembling of the
court, Justice Harlan began the de-
livery of the opinion. The fact that
he had been selected for the prepara-
ton Of the document at once led most
people to conclude that the decision
law and sustain the contentious of the
government. The justice read his
opinion from a printed copy. which
covered thirty pages, and consumed
about an hour and quarter in its de-
delivery.
Very soon after Justice Harlan had
concluded his opinion of the case it
became evident that the court was di-
vided as to the questions at issue,
and, as other propositions were an
nounced, it developed that there had
not only been very close shave for
the government, but one of the men,
bers of the court that 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 justices oissented.
These were Chief Justice Fuller. and
Justices White, Peckham an. Holmes.
The opinions of Judges Harlan and
White were long, while those of JUS
tees Brewer and Holmes were COM
paratively brief. All told, the court
consumed two hours and three-quar
ters In disposing of the case. The
fact YVES noted by several persons
that the argument in the case begun
Dec. IA. just three months previous to
the decision. For such a case this is
considered very brief time between
the arguments and the decision.