The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1909-01-22

from what he has said it amounts to
this. that in his opinion as a lawyer
| the government is proceeding without
adequate authority, and in order to
clear up his mind upon this subject
he would like to have an opinion from
the attorney general as to the exact
nature of this case.
Il am very afraid to say that If
were acting in the capacity Of attor-
ney general l would feel constrained
to say it was contrary to the interest
OF the public to discuss in advance of
trial in court the question of what the
governments plan was, especially in
a criminal case.
''If we were to pass this resolution
can see in my minds eye how in
many cases, in which any prominent
terests were involved. someone may
raise the same question and we would
be compelled to thresh it out here in
the senate. | can recall one five years
ago that it became my duty, as l then
saw it. and ] have never had any rea-
son to change my mind upon that sub
ject. to announce to the people of the
United States and to all of them at the
same time that it was the intention of
the government to dissolve what was
the greatest combination of capital
that ever was got together in the his
tory of the world in order to control
the competitive business of the north
west"
4 Case in Point.
THE next day the papers brought
from various parts of the United
States practically unanimous state
ments that that prosecution would
not lie. 1t was said the act upon
which the government proposed to
base that proceeding did not apply.
Now imagine someone introducing a
resolution in the senate stating that
here is misuse of power of the gov
ernment and the functions of the court
In order to break down and cripple
the great railroad interests of the
west. Imagine the possible effect
upon the ultimate decision of that
case, il upon partial argument and,
acting probably upon sentiment. the
senate had declared in some form or
another that such a proceeding was
i'll advised and badly founded.
"Why, Mr.. President, you Know we'll
enough that there are four justices Of
the supreme court to this day who
hold that opinion, and the probability
of such action affecting vote in that
court is not very remote
Nov. 1 understand the senator from
Maryland yesterday advanced with
great force and with great eloquence
certain propositions, certain reasons
why this prosecution does not lie.
had curiosity enough last evening to
examine with some care the questions
contradicting every one of those legal
propositions. What l allege is that
there are authorities on both sides of
the proposition that he has enunciated.
1t is not far cry to fancy that the
attorney general takes the views ex-
pressed in these authorities and has
advised the president accordingly. and
If he has he is acting we'll within his
rights. and I think this would be an
entirely superfluous thing upon the
part of the senate to pass the resolu-
tion that has been presented by the
senator from Maryland"
Make Senate Ridiculous.
Mr.. Knox had the clerk read the
document to which he referred. and
continued:
II do not wish the senate to under
stand that the propositions of law ad-
vanced in that document just read are
ones for which I stand. But I wish
to emphasize the fact that l could get
up an argument between the lawyers
of this senate on any one of those
propositions which would only 60 to