The San Francisco call., 1904-03-15
RAILROAD
MERGER IS
UNLAWFUL
Government Wins the
Northern SeCur-
titles Suit.
Court Holds Combination
Violates the Anti
Trust Act.
Decision Meets With Approval Of Five
Of the Supreme Justices, -Four
Holding Contrary Opinions.

WASHINGTON. March 14-In the
Supreme Court of the United States to-
day an opinion was delivered in the
merger case of the Northern Securities
Company VS.. the United States in favor
Of the Governments 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 Mime
sofa in every particular -Four of the
Justices dissented from the five consti-
tuting the majority. The division of the
court was due TO difference of opinion
as TO the right Of Federal control OF
State corporations. The majority Opin-
ion proceeded on the theory that Con-
gress has a right under the cOnstitu-
tion to control interstate commerce, no
matter by whom conducted. while the
minority or dissenting opinion was
based on the theory that in the present
case the effort is to regulate the owner
ship. not interstate traffic
An effort was made by the court TO
prevent the knowledge of the fact that
the opinion was to be rendered to-day
from getting to the public. but never
theless. it was quite generally under
stood among newspaper men, attorneys
and others for an hour or so before the
convening of court to-day that the
opinion would be announced. When.
therefore. the members of the court
filed into the chamber they were met
by an exDectant crowd which filed
every seat. both inside and outside the
bar. Seated among the attorneys were
Attorney General Knox and Secretary
Taft and an unusual number of SEN
ators and members of the House.
OPINION EXPECTED.
There was no surprise manifested
when. promptly on the assembling OF
court, Justice Harlan began the deliv-
cry of the opinion. The fact that he
had been selected for the preparation
of the document at once led most peo-
pie to conclude that the decision would
uphold the Sherman antitrust law and
sustain the contention of the Govern
ment. The Justice read his opinion
from a printed copy. which covered
thirty pages, and consumed about an
hour and a 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 IL
developed that there not only had been
a very close shave for the Government
but that one. Of the members OF the
court who cast his vote with the ma
jority entertained opinions Of his own.
which fact rendered the division all the
more marked and interesting This was
Justice Brewer, who, while he concur
red in the decision, announced in an
Independent opinion his view that pre-
vious antitrust decisions had been
more sweeping than was justified
JUDGES DISAGREE.
Four Of the nine Justices dlssented
outright. These were Chief Justice
Fuller and Justices White, Peckham
and Holmes The opinions Of Justices
Harlan and White were long, while
those of Justices Brewer and Holmes
were comparatively brief. All told the
court consumed two hours and three
quarters in disposing OF the case. The
fact was noted by several persons that
the argument in the case was begun
December IA. just three months pre-
vicus TO the decision For so impOr-
tant a case this is considered a very
brief interim between the arguments
and the decision.
The case decided to-day was brought
by the United States against the
Northern Securities Company. a cor
pcration of New Jersey; the Great
Northern Railroad Company. corpOr-
alton of Minnesota: the Northern Pa
cific Railway Company, a corporation
of Wisconsin,: James J. Hill. citizen
of Minnesota. and William p. Clough
d. Willis James, John s Kennedy. J.
Continued ON Page 2, Column 9.