Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1904-03-18

GIVEN DEATH BLOW
Supreme Court Decides Against
Northern Securities Co.
Merger Was IIlegRI-Anti-Trust Law
Ephcld-Thc Highest Court De-
clnres that Railroad Conn
binntiOns Must
Dissolve

Washington, March 15.-In the
United States supreme court Monday
an opinion was delivered in the mer-
ger ease of the Northern Securities
Co. vs.. the United States, in favor of
the governments contention that the
merger was Illegal. The opinion of
the court was handed down by Jus
tice Harlan and it upheld the decree
of the circuit court for the district of
Minnesota in every particular. Four
of the justices dissented from the
five constituting the majority.
The division in the court was due
TO difference of opinion as to the
right of federal control of state cor
porations.
The ma aiority opinion proceeded on
the theory that congress has a right
under the constitution to control in
ter-state 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 of railroad stocks by state cor
porations and that such ownership
is not Interstate traffic.
Very soon after Justice Harlan had
concluded his presentation of the
case it became evident thai the court
had divided on the question at issue.
and as other opinions were an
nounced il developed that there not
only had been n very close shaye for
the government. but thirt one of the
members of the court who. cast his
vote with the majority enter tanned
opinions of his own. which fact rem
dered the division all the more iater-
esting. This was Justice Bre ver,
who, while he concurrcd in the re-
suit, announced in an independent
opinion of his own that he held the
view that previous antitrust decis-
ions had been more sweeping than
was justified. Four of the nine JUS
tices dissented outright. These were
Chief Justice Fuller and Justices
White, Peckham and Holmes.
After announcing the purpose
sought to be accomplished by the
suit, Justice Harlan reviewed the
facts in the case. showing that it had
grown out of combination of the
Great Northern Railway Co. and the
Northern Pacific Railway Co. into
the Northern Securities Co.. which
latter company was organized Novem-
her l3. 1901. lie then summar rized
the allegations of the government
and the defense of the Securities Co.
Of the governments case he said:
The government charges that If
the combination was held not to be
in violation of the act of congress.
then all efforts of the national gov
ernment to preserve to the people
the benefit of free competition amons
carriers engaged in Interstate com
merce will be wholly unavailing. and
all trans-continental lines. indeed the
entire railway systems of the cor 1.
try may he consolida ted, thus placing
the public at the absolute mercy of
the holding corporation" and of the
railroad case:
The defendants denied all the al.
legations ST the bill imputing to them
n purpose to evade the provisions OF
the act of congress or to form com,
hination or conspiracy having for its
object either to restrain or to monop-
olize trade among the states or with
foreign nations. They denied that
any combination or conspiracy was
formed in violation of the act"
Having outlined these preliminaries
Justice Harlan came TO the judicial
consideration of the case and prac-
tically Indicated the decision of the
court in the hrst sentence of the
opinion. In that sentence he said:
I'm our Judgment the evidence fully
sustains the material allegations OF
the bill, and shows n violation of the
act of congress. in so far as it de-
clares Illegal. every combination or
conspiracy in restraint of commerce
among the several states and with
foreign nations. and forbids attempts
to monopoliZe such commerce."
NO scheme or device could more
certainly come within the words OF
the act, combination in the form OF
q trust or otherwise in restraint OF
commerce among the states or with
foreign nations or could more effec.
lively suppress free competition be.
tween the constituent companies
This combination is. within the mean.
ing of the act n 'trust;' but if not. il
is combination in restraint of in.
ter-state commerce. and that is
enough TO bring it under the con.
domination of the act.'
Treaty with Sultan OF Sulu Dead.
Washington, March 1j.-Secretary
Taft was heard Monday by the house
committee or insular affairs on the
pending bill "to provide for the more
efficient administration of civil gov
ernment in the Philippines Pre-
vious to the hearing Chairman Cooper
read to the committee the following
cablegram sent by Secretary Taft
March =, abrogating the Bates treaty
between the United States and the
sultan of Sulu and his dattos.