The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1904-03-18
BY CLOSE SHAVE
Great Railroad Merger Is De-
clared to Be Illegal
SUPREME COURT DECISION
Four of Nine Justices Dissent
Outright, While One of Major
ity Thinks Previous Antitrust
Decisions Much Too Sweeping

Washington, March i5.-In the
United States supreme court, an opin-
ion was delivered in the merger case of
the Northern Securities company VS..
the 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 the circuit
court for the district of Minnesota In
every particular. -Four of the justices
dissenred from the five constituting the
majority.
The division in the court was due to
a difference of opinion as to the right
of the federal control of state corpora
tons. The majority opinion pro-
ceeded on the theory that congress has
right under the constitution to con.
troll interstate commerce, no matter by
whom conducted, while the minority or
dissenting opinion was based on the
theory that in the present case the eff
fort is to regulate the ownership of rail-
road stocks by state corporations and
that such ownership is not interstate
traffic.
Justice Harlan delivered the opinion.
The justice read his opinion from a
printed copy, which covered 80 pages,
and consumed about an hour and
quarter in it's delivery.
Very soon after Justice Harlan had
concluded his presentation of the case
it became evident that the court had
divided on the questions at issue, and as
other opinions were announced it de-
veloped that there not only had been
very close shave for the government,
but that Justice Brewer, who cast his
vote with the majority, entertained
opinions of his own, which fact rem
dered the division all the more marked
and interesting.
While he concurred i'll the result,
Justice Brewer announced, in an indie
pendent opinion of his own, that he held
the view that previous antitrust de-
cisions had been more sweeping than
was justified. Four of the nine jus
tees, Chief Justice Fuller and Justices
White, Peckham and Holmes, dis
scented outright. The opinions of JUS
tees Harlan and White were long.
while those of Justices Brewer and
Holmes were comparatively brief All
told, the court consumed 2 "a hours in
of the case.
The fact was noted by several per.
sons that the argument in the case was
begun Dec. IA, just three months pre-
vious to the decision. For so i'm |
portant a case this is considered a very
brief interim between the arguments |
and the decision.
The case just decided was brought |
BY the United States against the North !
ern Securities company, a corporation |
Of New Jersey; the Great Northern
Railway company, a corporation of |
the Northern Pacific Rail- |
way company, a corporation of Wis
James J. Hill, a citizen of |
and William P. Clough, D. |
Willis James, John s. Kennedy, ].
Morgan, Robert Bacon. George
F. Baker and Daniel Lamont, citizens Of |
New York.
It's general object was to enforce, as
against the defendants. the provisions
If the statute of July 2, $780, commonly
lnown as the antitrust act, and en-.
titled IAN act to protect trade and com.
nerce against unlawful restraint and