Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-14
Supreme Court Says Northern Pacific Mergers Illegal

! Jersey from any charge Of such knowl-
edge In advance. 1t might be true that
federal court held no power TO dis
solve a corporation OF state, but this
circumstance could not be an indica-
ton OF powerlessness to enforce the
law, than which no corporation is
stronger. No device could suffice to
prevent this enforcement OF the ma
tional statutes.
CONQUERED AND DlsSENTED.
Washington. March 14,-Thc merger
decision was concurred In By justices
Brown, Brewer, McKenna and Day,
while the chief justice and Justices
White, Peckham and Holmes dlssented.
Justice Brewer In concurring did so for
different reasons than that of the ma
jority, however.
The courts had indeed consistently
held to the supremacy OF the national
laws IN case Of conflict between those
laws and the laws OF the states. so
long as Congress confined itself to It's
prescribed functions, he said, there
could be no danger. At any rate, the
error II any. was with Congress and It
was for Congress TO supply the remedy,
and not for the courts.
Justice Harlan also discussed the
predictions OF financial disaster from
the enforcement Of the antitrust law.
but discouraged them, saying they were
usual under such circumstances and
need not be realized.
Justice Harlan declared that the
only object OF the merger was 10 pre-
vent competition, and he said that II
no one else knew this to be the case,
j. Pierpont Morgan, one Of the DEFEND
ants, knew that to have been the case.
Extracts from Morgan's testimony
were quoted IN support OF this state
ment.
The decree of the circuit court, he
said could not have been OF smaller
scope. and II had In no way exceeded
its authority. The law must not be
narrowly construed, but reasonably
construed. The defendants could not
complain OF the finding Of the circuit
court and Justice Harlan In conclusion
announced the confirmation OF the de-
cision Of that court, saying
1.-THE Judgment Of this court Is that
the decree below OF the circuit court
be and hereby IL affirmed, with liberty
TO the circuit court to proceed III the
execution of the decree as the circum-
stances may require"
The decision was concurred In ~
Justices Brown, Brewer Mcken9a
and Day, while the chief justice ana
Justices White, Peckham and Holmes
dIssented
Justice Harlan was followed by Jus
,ice Brewer. who while concurring In
the Judgment. did not accept all or the
language of the opinion.
Justice Holmes read the dissenting
opinion. lie construed the ANTITRUST
law as criminal statute and declared
that there was nothing In II to indicate
that II had been enacted merely LOT
the control Of large concerns as Is gen.
orally contended.
PRESIDENT GETS NEWS.
Washington, March 14.--Presldent
Roosevelt received the news Of the 5u-
preme courts decision In the Northern
Securities case from the Associated
Press. He expressed his satisfaction
that the court had susta!. the con-
tentlons of the government. Later he
will express his personal congratula-
tiOllS W lilt bNNVihNs SN'e'e'
GOV. VAN SAINT ELATED.
ST. Paul, MIMI, March l4--Gov. Van
SAINT, when told Of the decision In the
merger case was highly elated. He
said:
Il am much gratihed with the result
of the decision, for In my opinion the,
decision means more to the people OF
our country than any event since the
great civil war. II will for all time pre-
vent the formation Of illegal trusts and
unlawful combinations"
]. HILL is MUM.
New York, March 14.--J. J. Hill, presi-
dent OF the Northern Securities COM
pany, received news Of the decision at
the companys offices In this city. Mr..
Hill declined 10 discuss the matter, ex-
cept to say
There is nothing to be said at this
time. The properties Of the Northern
Securltse company are still there. they
are as good as ever"
Mr.. Hill intimated that he might have
something 10 say az soon as he got some
definite scope OF the decision. Mr., Hill
was In conference for some time after
the news came out with John III. Ken.
needy, who Is one OF the directors and
largest stockholders In the Securities
company. At the offices Of j. p Nor
gan 4 Company no expression regard
ing the decision could be had, A menu
Der OF the firm stated however, that he
was not surprised. Col, W. p. Clough,
fourth vice president. director and gen.
eral counsel Of the Northern Securities
company. who In alleged TO have taken
an active part In drawing up Its char.
Ter, was I'm Washington today,