The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-03-15
CONSTITUTION SUPREME
OVER STATE AND PEOPLE,

CONSTITUTION SUPREME
OVER STATE AND PEOPLE"
| Speaking of the States rights plea of
| the railroad representatives, Justice Har-
| Ian said:
This view does not impress US. There IS
no reason TO suppose that Congress had
| any purpose TO interfere with the internal
| affairs of the State, nor is there any
ground whatever for the contention that
the antitrust act regulates their domestic
commerce. BY Its very terms the act
regulates only commerce among the States
and in the foreign states. Viewed in that
light the act must be respected.
BY the explicit words Of the Constitu-
ton, that instrument and the laws en-
acted by Congress in pursuance of its pro-
visions are the supreme law of the land.
anything in the Constitution or the laws
o. any State to the contrary notwith
staEdiLg-supreme over the States, over
the courts, and even over the people of
the United States, the source Of all power
under our governmental system IN re-
spect of the objects for which the Con-
stitution was ordained
IAN act Of Congress constitudonally
passed under its power to regulate COM
merce among the States and with foreign
states is binding upon all as much so as
If it were embodied in terms in the Con-
stitution ITSELF
Every judicial officer, whether of a
national or a State court, is under the OBJ
legations Of an oath to so regard lawful
enactment Of Congress. Not even State,
still less one of its artificial creatures can
stand in the way of its enforcement II
it were otherwise, the Government and its
laws might be prostrated at the feet of
local authority"
The case decided to-day was brought by
the United States against the Northern
Securities Company, a corporation OF New
Jersey: the Great Northern Railway Com
pany. a corporation of Minnesota: the
Northern Pacific Railway Company, a
corporation of Wisconsin; James ]. Hill, a
citizen of Minnesota: and William P.
Clough, d. Willis James. John S. Kennedy,
j. Pierpont Morgan. Robert Bacon, George
F. Baker and Daniel Lamont, citizens of
New York.
Its general object was to enforce, as
against the defendants, the provisions of
the statute of July 2 1890, commonly
known as the antitrust act, and entitled !
IAN act to protect trade and commerce
against unlawful restraint and monop-
olies.''
CHRONOLOGICAL HISTORY
OF CELEBRATED MERGER CASE.
The chronological history of the celebrat-
ed Northern Securities merger case may
be written as follows:
On May 8, 1901, corner in Northern Pacific |
stock. which reached 1000 on competitive |
bids of Morgan and Hartman interests,
Panic IN Wall street.
On May 20, -Orner on London market.
compulsory closing of defaulted contracts |
TO deliver Northern Securities suspended |
by Stock Exchange
On November 15, 1901, formation of !
Northern Securities under New Jersey |
charter. Northern Pacific stock taken IN |
at 115 and Great Northern at 1so in the |
stock of the new company. Authorized
capital stock s4OO,OOO, 900, of which about |
S565,OOO,oO has been issued in return for
about 80 per cent Of the Northern Pacific
and 70 per cent Of Great Northern.
FEBRUARY l, 1902, Northern Securities
paid its first dividend of 1 per cent quar-
terly; since increased to rs per cent.
On February 10, 1902. Attorney General
Knox announced that he had been in
structed to bring suit against the conn
pany for the Government on the ground
that the company was in violation of the
sherman antitrust law. Congress subse
quently authorized the expediting OF the
case by direct hearing in the Circuit
Court. instead Of passing the District
Court first.
On February "a. 1903. the Supreme Court
dismissed the State Of Minnesota,s suit
to enjoin the Northern Securities alleging
lack of Jurisdiction. h
On April 9. 1903 the Circuit Court at
st. Paul unanimously declared the COM
oany combination in restraint of trade
lnder the Sherman law. Appeal being
aiken, stay of proceedings was granted,
allowing the constituent companies and
he Northern Securities Company to de- .
,iare and pay their regular dividends
'ending final decision by the Supreme i
Court. d
On September 3. 1903, Judge Lochren
endered decision in case of State of Min
lesota VS.. Northern Securities to the
fleet that the company was not in VIOLA
ion Of law. Decision appealed 20 Su-
IRENE Court.
On December II. 1903. hearing in the ap-
zeal OF the company from the Circuit |
'ourt decision of April 3 was begun at
Washington. The State of Minnesota
ase was heard in the first week of jan
AIRY.