Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-14
PURPOSE 70 KILL COMPETITION
.. That Power Of Congress over
Interstate Commerce is
Absolute.
DECISION WAS NOT UNANIMOUS
,.,,,,,. Brown, Brewer, McKenna and
n, Cousunsd, Fuller, {. J. White,
Ptsltau and Holmes Dissenting

washington March 1.-THE opinion
:, ma mpreme court Of the United
s,,.s IN the case Of the Northern Sc
,ur,l,s company VS. the United States
l,yolying the merger of the Northern
p,,Itc and the Great Northern com.
,,,Is, was handed down today and
-. m favor Of the government. The
o,,Ion was read by Justice Harlan.
Tbl opinion Of the circuit court for
he district Of Minnesota was affirmed.
The effect Is to sustain the conten-
,on that The Sherman antitrust law
,ppll,s to railroad COMPUTATIONS OF the
character IN question.
Jgsice Harlan said that In the mer-
sr q the two roads the stockholders
disappeared and reappeared In the Sc
tgrtes company, the two thus becom-
Irr practically consolidated In a hold
ing company the principal object being
70 prevent competition,
1T WAS A TRUST.
10 scheme or device could certainly
more effectively come within the pro-
NbiIon OF the antitrust law and II is
within the meaning Of the act, u trust"
The case has attracted greater at
itntion than any other suit before the
wgr since the first lnsular cases were
decided and has been regarded by
tach and bar as equal in importance
With those cases and with the income
Ai csse II was argued in December
hs tor two days and attracted general
attention at that time as 1t did previ-
ouiy when the decision was rendered
" the circuit court for the district OF
Minnesota.
The action was brought In the cir
tnt court under the law Of Feb. II,
NV which was for the purpose OF ex-
Ieiitlg the case and was heard by the
four circuit court justices OF the cir
cult They united In a decision favor
aoe 10 the United States and opposed
he contentious OF the railroad COM
lanlss
SUIT INSTITUTED,
the suit was Instituted by the United
States against the Northern Securities
@npany and the two railroad com.
laniss lhe Northern Pacific and the
,visal NoTlhefn,and their Leading stock.
loosn loT the purpose Of dIssolyIng the
nelsef Of the two roads which the Unit.
q saes declared had been created nv
M GIeallon Of holding company. the
N'u'ites company The consolidation
s w. Gained TO be In violation of the
:, s" .s antitrust law. 1t was claimed
v tehalt Of the government that this
. W. was In effect a pool ere.
~ =" 70 promote the interests, not OF
w ns'em at the expense Of the other
= ~ VI ooth at The expense OF the publlc
!, as railroads claimed that the transfer
\ s.'ns,, NOCS OF the two companies 10 the
n ,uiues company was In the nature
"'a'e perfectly legitimate.
coNPANYs CONTENTION.
~, I,e contentious Of the Securities com.
W. wy . ssTe reviewed by Justice Harlan
,t SV T -, tney had received full a,ten
, ~n he quoted the various onInlons In
irm ,ha 'ne ulst question, saying that
tos a u,sn u Is to be gathered that ali
,bIe 4, .S MI ~ restraint Of trade, reason.
In unreasonable, are prohibited bv
IA, nueulah law, aud that Conerass
tEn, !, pV wv. 10 establish such ree,,la.
C,n, , " are laid down in thai lave
We u'u power to enact the stat.
Me- ~ came ~ we points made for tbe soo,u
lhs tcptsO,Sy, justice Harlan said that
isrssss vl,,s that the law is an ln t
ual sait,' ~ Ihe rights Of the indlvid.
lnCorsop.s, oy which the comnanlo u'' ~.
EcS ca,. was not well founded az
csarsss I ne said, the authorize ~
! y be unnSDs ,slue' lie also declared
light Of oWn ,O.sssafy TO determine The
n,Atoy..ssy, nor was Il irne V tha ~ ssu
nd hold rs,i secuntles company 10 OWE ,"o
nVelved, s uoS Is the only ouestIonn
u. nsrk-Sou,.cla contentious are wISs 90
Tie soysrns.lulefe men Of straw AniP,r,o.
s,,ss.' =, complains ~ 10 ~ mat
hsrce and It,OrpoIratIon to repress SO com sn |
NAF poInts" O0' concerned with tie
,,,,. TOWER y OF CONGRESS-. |
I! o. sSoa aIS' I. /, SAID that in this day
. Congress i, ~ no doubt Of the power |
II d y, sslSugh means n' 'SI's, "a ICON. COM
W. cases v TeI purpose an the prjor |
.sal'nton " vS N support Of r tho,
ssIllNed conhlnau,elher free and unro.
III ,s - economic opo WAS WISE, he said,
,.sted ths noI not concern Itself. ~, 1
Y ccmn oner Of Congress oyar H.
'osS "a. Power Of a srstc oI oy as complete
,Ro'S r., Coming to o ,6 UsP p,a domestic n
lSa ~ Sol, unconsttupiI,osnol1i Jaw, should
1s S..sd. '''' could not see It's ." way y' ia
caI,,lhe went on m,
~ Nst Al cS'SSlentons arc ' son seGur titles,
s.l's enter i In railroads of 't tSa l,r WY
y, isrSs !, mo s 9 combInatI'o"1e a United
issaca co NJ holding com mn" ana 10y by
N'''y IN defiance , 81 throughout the
l.r "sT ! JERSEY ApsoLyrp
udi. e esr had been T not SSiIcS' 10 to
ast Of d, ~ Indicate lis S p"rra OF IN.
~'s9ts at,o%lyoGyln ing commerce 'P onS 20
'''''S'd the state too Of "" S. Ne