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W ,'r VvV ft? J* A I Itall) Hud Wrcklj AlMt. W-ekl. Ktabllshed 1ITI Dm'Ijt Katab Uhad llTf. VOL. XXVII. if 1 MERGER HELD ILLEGAL United States Supreme Court Sustains Govern ment in Securities Case—-Stifling of Com petition Haiti Object of Consolidating Parallel Washington. March 15.—The opin ion of the supreme court of the United States in the case of the Northern Securities company vs. the United 8tates, involving the merger of the Northern Pacific and the Great North «rn Railroad companies, was handed down during the day and was In favor of the government. The opinion was read by Justice Harlan and concurred Jn by Justices Brown, Brewer, Mc Xenna and Day, while the chief Justice and Justices White, Peckham and Holmes dissented. Roads—Sherman Law is Constitutional. The ofMnion of the United States circuit court for the district of Minne sota was affirmed. The effect is to sustain the conten tion that the anti-trust law applies to railroad combinations of the character In question. Justice Harlan said that la the mer ger of the two roads the stockholders disappeared, and reappeared In the Se curities company, the two thus becom ing practically consolidated in a hold tag company, the principal object be ing to prevent competition. "No scheme or device could certain ly more effectively come within the prohibition of the anti-trust law and It Is, within the meaning of the act, a trust." The case has attracted more atten tion than any other suit before the court since the first insular cases were decided and has been regarded by bench and bar as equal in importance with those cases and with the income tax case. It was argued in December last and attracted general attention at that time, as it did previously when the decision was rendered by the cir cuit court for the district of Minne sota. CONTENTIONS OF THE GOVERNMENT UPHELD. The suit was instituted by the Unit ed States against the Northern Securi ties company and the two railroad companies, the Northern Pacific and the Great Northern, and their leading stockholders for the purpose of dis solving the merger of the two roads, which the United States declared had been created by the creation of a hold ing company, the Securities company. This consolidation was claimed to be In violation of the Sherman anti-trust law. It was claimed on behalf of the government that this consolidation was In effect a pool created to promote the interests, not of one system at the expense of the other, but of both at the expense of the public. The rail roads claimed that the transfer of the stock of the two companies to the Securities company was in the nature of a sale and perfectly legitimate. The contentions of the Securities company were reviewed and Justice Harlan said they had received full at tention. He quoted the various opin ions involving the trust question, say ing that from them it is to be gathered that all contracts in restraint of trade, reasonable or unreasonable, are pro hibited by the Sherman law and that congress has the power to establish such regulations as are laid down In that law. Replying in detail to the joints made for the Securities company Justice Harlan said that the contention that the law is an interference with the rights of the individual states by which the companies are Incorporated was aot well founded. In such cases, he said, the authority of congress is su preme. He also declared it to be unneces sary to determine the right of owners of railroad stock to sell the property, nor was It true that the right of the Securities company to own and hold railroad stock is the only question in volved. Such contentions are wide of the mark—mere men of straw. All that the government complains of is the existence of a corporation to re press commerce and is not concerned with the other points. DECISION UPHOLDS THE POWER OF CONGRESS. Justice Harlan said that in this day there should be no doubt of the com plete power of congress to control in terstate commerce. All the prior trust cases were in support of that contention. Whether free and unre strainod competition was wise, he said, was an economic question with which the court need not concern it self, the question was that of statu tory law. He asserted the power of congress over interstate commerce to be as complete as the power of a state over domestic commerce. Coming to the plea of the railroads that the anti-tiMst law should be de clared unconstitutional he said that the court could not see its way to that end. "If," he went on, "the Securities company's contentions are sound why Btay not all the railroads of the Unit ed States enter into a combination and by the device of a holding cor* 5 poration control rates throughout the country In defiance of congress?" Justice Harlan also took occasion to say that there had been nothing in the Securities company's certificate of In corporation to indicate its purpose to be that of destroying commerce and he therefore absolved the state of New Jersey from any charge of such knowl edge in advance. It might be true that a federal court had no power to dissolve a corporation of a state, but this circumstance could not be an indi cation of powerlessness to enforce the law, than which no corporation is stronger. No device could suffice to prevent this enforcement of the na tional statutes. The courts had, in deed, consistently held to the suprem acy of the national laws in cases of conflict between these laws and the laws of the states. So long as con gress confined itself to Its prescribed functions, he said, there could be no danger. At any rate the error, if any, was with congress and it was fbr con gress to supply the, remedy andf not for the courts. Justice Harlan also discussed the predictions of financial disaster from the enforcement of the anti-trust law, but discouraged them, saying they were usual under such circumstances and need not be realized. PREVENTION OF COMPETITION ONLY OBJECT OF MERGER. Justice Harlan declared that the only object of the merger was to prevent competition and he said that if no one else knew this to be the case J. Pier pont Morgan, one of the defendants, knew that to have been the case. Extracts from Morgan's testimony were quoted in support of this state ment. Logically construed, Justice Harlan said, the decision should be followed by the criminal prosecution of the par ties at Interest in this case. Speaking of the general understand ing that the Sherman law applied only to large corporations the justice said that this impression was breathed from every pore of the statute, but that its language did not bear out the conclusion. "In our Judgment said Justice Har lan, "the evidence fully sustains the material allegations of the bill and shows a violation of the act of con gress In so far as it declares illegal every combination or conspiracy In restraint of commerce among the sev eral states and with foreign nations and forbids attempts to monopolize such commerce. Laying aside the many things of a minor character and summarizing the principal facts it is Indisputable, upon this record, that under the leadership of the defendants. Hill and Morgan, the stockholders of the Great Northern and Northern Pa cific railway corporations, having com peting and substantially parallel lines from the Great Lakes and the Missis sippi river to the Pacific ocean at Pu get sound, combined and conceived the scheme of organizing a corpora tion under the laws of New Jersey which should hold the shares of stock of the constituent companies." Continuing Justice Harlan said that "this combination is, within the mean ing of the act. a trust, frut if not it is a combination in restraint of interstate and international commerce and that is enough to bring it under a condem nation of the act." LARGE TERRITORY «T MERCV OF COMBINE. He held that if such a combination were not destroyed "all the advantages that would naturally come to the pub lic under the operation of the general laws of competition, as between the Great Northern and Northern Pacific Railway companies, will be lost and the entire commerce of the immense territory in the northern part of the United States between the Great Lakes and the Pacific at Puget sound will be at the mercy of a single hold ing corporation, organized in a state distant from the people of that terri tory." The decree of the circuit court, he said, could not have been of smaller scope and it had in no way exceeded its authority. The law must not be narrowly construed, but reasonably construed. The defendants could not complain of the finding of the circuit court and Justice Harlan, in conclu sion,. announced the confirmation of the decision of that court, saying: "The judgment of this court is that the decree below of the circuit court be and hereby is affirmed, with liberty to the circuit court to proceed in due execution of the decree as the circum stances may require." Judge Harlgp concluded at 1:18 p. m. lie was followed 'by Justice Brewer, who, while concurring in the Judgment, did not accept all of the language of the opinion. JUSTICE HOLMES READS DISSENTING OPINION. Justice Holmes read the dissenting opinion. He construed the anti-trust i»»v as a criminal, statute and declared avi**'- 4 :r. -:Jt .» •.**.? s' -•f-niW•»» *jteHA-'-i.t.'"*& 4K-: .p.-m c»-vitas&t'j.*?.*' .• 05 w? JAMESTOWN WEEKLY ALERT. tfiat there' was nothing in it to intri cate that it had been enacted merely for the control of large concerns, as is generally contended. Indeed, the law had not been understood as apply ing to railroads until so construed by the supreme court. The act, he con tended, applies only to contracts and combinations in restraint of trade and makes no reference to competition. Justice White also read a dissenting opinion, taking up especially the power of congress to control commerce. Be ginning with an argument in support «f dissenting opinions he outlined the points involved in the case. He re ferred to its importance and called at tention to the fact that only four mem bers of the court, one less than a majority, had united in the opinion of the court. He then said that such principles as are laid down in that opinion are "destructive of govern ment, destructive of human liberty and destructive of every principle upon which organized society depends:" STITl Minis Republican Coaventioas for NarlfeDa Icota Called by State Coaaittee. The next republican state conven tions will be held as follows: The convention to elect delegates to the national convention will meet in Fargo May 18, The state nominating convention will be held at Grand Forks July 27. Counties can call conventions when ever they see tit. The proposition of one delegate to seventy-five votes carried and makes the convention have oil delegates. The above matters were settled by the state republican committee which met in Fargo yesterday. The con vention will be smaller in numbers than the last. Col. Robinson of Mayville, member of the committee presented the fol lowing resolutions which were adopted unanimously: The republican state committee of North Dakota, reflecting the senti mentof the republicans of the state take this occasion to declare its loyalty to President Roosevelt, and we pledge him our earnest support for a renomi nation. Proud of his distinguished services, his intense Americanism, his devotion to the higher ideals of states manship and national integrity and proud of his fidelity to every interest affecting impartially the welfare of all the people of this nation. We look forward with confidence to an en dorsement of these excellent qualities and his re-election to the presidency. In the death of Marcus A. Ilanna, the mexbers of the republican state committee of North Dakota feels that they have suffered a personal loss. Senator flanna was not simply a manipulator of politics but a broad statesman, a patriotic American and true friend, not only of capital, but of labor, and his name is inseparably interwoven with the history of the 5 JAMESTOWN, NORTH DAKOTA. THURSDAY. MARCH 17, 1904. lO CAN Is this the real type of American farmer, the magazine and newspaper writers would have us believe— He thought this inference due to the size cf railroad corporations. He took the position that there has been no attempt to monopolize in this com bination of the railroads and said that there could be no more objection to the purchase of the stock of the North ern Pacific and the Great Northern roads by the Securities company than if bought by Mr. Morgan himself. —or is this? HAVE WE BEEN MISINFORMED AS TO THE FARMER? AU/FIII TAI flF Rl flfM tDr. Wabber of tht department of agriculture declare* that Americana iri flwllUW IHLtO Ui ULUUU failure* as farmer*.] 0 a# —Chicaoo Record Herald. period during which this country made its greatest progress. He was quiet, but forcible, positive and far sighted and his death was a great loss, not simi»]y to the party, but to the country and to the world. The following members of the state committee were present: L. 13. Ilanna, Fargo, chairman. M. II. Jewell, Bismarck, secretary. A. Short, Pembina. J. R. Gibson, St. Thomas. under Olson, Grafton. J. II. Mathews, Larimore. Stephen Collins, Grand Forks. William Budge, Grand Forks. J. E. Paulson, Hillsboro. James Kennedy. Fargo. Geo. D. Brown, Wild Rice. S. G. More, Buffalo. Elmer H. Myrah, Wahpeton. A. S CJarlblom, Forman. R. S. Adams, Lisbon. Governor White, proxy for J. D. Black, Valley City. David Bartlett, Cooperstown. M. II. Jewell, proxy for A. (). Whip ple, Devils Lake. John Knauf, Jamestown, prosy for Harry Cornwall, Eldridge. L. B. Ilanna, proxy for 11. \V. S. Blackwell, LaMoure. Geo. W. Irwin, Ellendale. N.F. Boucher, Bismarck. G. K. Vikan, Bottineau. W. C. Gilbreath, Mandan. L. A. Simpson, proxy for 11. H. Johnson, Dickinson. J. E. Galehouse, Carrington. F. W. Schiechter, Fessenden. Geo. II. Stevens, Towner. M. II. Jewell, proxy for John Satter lund, Washburn. N. F. Boucher, proxy for G. O. Gul ack, Ashley. Matthew Lynch, Lidgerwood. G. M. Young, proxy for Wm. Gruff, Lucca. W. II. Robiison, Mayville. The apportionment includes two members of the committee at large, and two from unorganized counties making the convention 513. MONETARY UNIT OF PANAMA, Will Be a Gold Dollar Similar to That of the United States. Panama, March 36.—According to a decrce of the convention published Monday the monetary unit of the re public after Dec. 31, next, will be the gold dollar of the same dimensions and weight, by law, as the United States dollar. The silver currency now in circulation will be exchanged at the rate of J100 in gold for $225 in silver. The decree is being greatly discussed. Wisconsin Day at World's Fair. St. Louis. March 16.—Ellcs' day at the world's fair will be July 20. Wis consin day will be July 27 instead of June 23. The change was made at the request of the Wisconsin commis sion. June 4 will be "Pike Day." No More Arms for Rebels. New York, March 17.—Instructions are understood to have been received by officials of the Clyde Steamship line from the state department at Washing ton to accept no more arms and am munition for the Jlminez revolution ists in San Domingo. General Jiminez ia said to be arranging for munitions Of war from Canada. !J. i" i? l''" DETAILS OF SLAUGHTER OF GER MAN SETTLERS BY NATIVES IN SOUTHWEST AFRICA. VICTIMS' BODIES HORRIBLY MUTILATED VERRIBLE SCENES EXCITE SOL DIERS TO A LONGING FOR SPEEDY REVENGE. Berlin, March 17.—Letters from Ger man Southwest Africa have arrived here giving details of the ghastly treatment of German settlers, 113 of whom were killed outright or tortured to death in the district of Okahundja alone. Women outraged and dismem bered and with pieces of their bodies nailed to the doors of the houses and boys mutilated and left to die slowly were frequent spectacles. The expe ditionary columns, on coming in sight of a farmer's house, would see the heads of its former occupants fastened to the roof. These sights appear to have excited the rage of the soldiers. The letters express longings for revenge and a de termination, as one writer says, "to kill everything black." That causes some papers to urge the government to telegraph instructions to Colonel Leutwein, the governor of German Southwest Africa, that he order the soldiers to restrain themselves and conduct the war in a civilized manner. Colonel Leutwein himself comes in for criticism, as it is alleged he left in sufficient numbers of troops in the ex posed districts and was misled by the temper of the natives, having fre quently at his own table chiefs who are now in rebellion and who are wear ing decorations and swords of honor bestowed on them by the governor in behalf of the emperor. The Tageblatt intimates that Colonel Leutwein will be recalled. STUTSMAN COUNTV. Medina (Leader)—W. F. Carev has shipped two cars of hay to St. Cluud. Minn.--Mrs. Phillips has sold her holdings in sheep to lJix &• Uosemore of Paris.--Rev. Bauer of Jamestown held services lust Sunday at the resi dence of John Troutman. He will hold services tomorrow at the residence of Christ Jvlundt south of town. Burn To Mr. and Mrs. Svihoae last Tiies day, a girl.—A pleasant party was tendered Bert Germain last night it being his birthday. The evening was spent in dancing and a delightful 'uncheon was served.- Win. Schelstke and family have returned from Caii fornia where they went about a year ago and have decided to make their future home in North Dakota. Cleveland (Herald —John Hein and wife arrived Thursday from Palmer. S. D., and wiil make this place their future home. Emil Wiese, of Alua.-»le* S. l.- has arrived and is preparing tor the spring work, lie intends to piu in a large crop on his section south of here,--C. Terpena made a tripio New Salem and other western North Dakota points and sold several car loads of hay as that article is very scarce in that section of the state.— A large number of the friends of Mr. and Mrs. F. L. Kellogg gathered at their home in Windsor Monday togive them a surprise on their twentieth wedding anniversary. Dancing, games luncheon and all made every one vote the evening as a very pleasant one.— The store of Schneider & Sons closed Tuesday as the trustees concluded that it did not pay to operate it any longer. Pingree (Patriot)—Numerous in quiries that are being made regarding fence posts and wire are indicative that there will be a great deal more fencing done in this community this year than has been done tor several years.—John Price came near losing his house by tire last week.--T. W. Scrafford returned from Seneca, Kan sas, last week.- Miss VandeErav has closed her term of school.--The Ladies Aid will make a contibution to the Children's Home at Fargo. -Mrs. Levi Jarvis is seriously ill in Iowa. MR. HILLS PLANS. St. Paul, Mar. l-": Friends of Mr. Hill claim that he is not beaten yet in the object desired by the Securities company in the adverse decision of the supreme court. It is reported that Mr. Hill controls the Erie road and will now have that road take over the Northern Securities holdings. If the government continues the prosecution of the cases it must also go after the Vanderbilts, the Pennsylvania and the B. & Q. which were formerly competing systems but are now.in one combination. Vallty of North Dakota. NUMBER 30 STILL BLAMING JAPAK CZAR RECEIVES THE GERMAN AT TACHES WHO ARE ON THEIR WAY TO THE FRONT. RUMORED JUNCTION OF SQUADRONS I'ORT ARTHUR AND VLADIVOSTOK: FLEETS LIKELY TO TAKE THE AGGRESSIVE. Bt. Petersburg, March 17.—The em peror. receiving the German attaches.. Laneinstein and Tettau, who are tc leave for the front March 18, said, among other things: "Gentlemen, all Europe now realizes that Russia tried to avoid war and t. obtain a peaceful settlement. Ma^ of the powers strove also to attain this end, but Japan forced the war, in fringing all international law. Gentle men, you will be able in the Far East to see how Russia observes humane, and correct conduct during war." The Grand Duke Cyril, who has ar~ rived at Port Arthur, will serve at first officer of the battleship Petro pavlovsk. WILL BECOME AGGRESSIVE.. Rumcred Junction of Vladivostok and Port Arthur Fleets. Shanghai, March 17.—Advices from Na gasaki say that a rumor is in circu lation there to the effect that Admiral Makaroff's fleet, which was stationed Id the outer harbor at Port Arthur, has broken through the Japanese cordon probably under cover of darkness, and effected a junction with the Vladivos. tok fleet. This move has been expected ever since Admiral Alakaroff decided tc keep the rieet under steam in the outei harbor. it is supposed that the fleet made a dash through the Korean straits and found the Vladivostok cruisers along the Korean coast. it wiJi be in keeping with Makaroff's' policy to launch his whole strength against the Japanese Port Arthur fleet and such action is looked for. provid ed the rumors are true. DESCENDING FROM VLADIVOSTOK Russian Army Corps Moving Towards. Korea. Paris. March 17.—The Temps corre cpor.de:. St. Petersburg asserts that a Rust-.ay a:my corps is descending from ladivostclt toward Korea. He a.iii:- iLai !v \rthur has a garrison Ol 11: iiu:i and is provisioned for a year. ip Rtiss'.-.n ministry of marine, tin Tc-nvis i-orre-^pondent further asserts !hat Japan's losses since ti opening of war are four cruise.s and five torpedo boat destroyers at-i: the machinery of a 12,000-ton battle •hip seriously injured. The correspondent concludes his-dis pptch with asserting that the conceli tration of Russian troops at Mukden, and Harbin is considered as terminal ing the danger from a Japanese land lug in the northern part of the bay ol Korea. THREE HUNDRED CASUALTIES.. •a id Russians Lost Heavily in Last Port Arthur Attack. London, .March 17.—The Telegraph's correspondent at Yinkow cables that most of the shells fired into Port Ar thur during another bombardment on March II! were part of the ammunition found on board the captured East Asiatic steamer .Manchuria, which was bound for Poit Arthur with 7,000 tons Of war material. The Russians wert greatly stu prised at seeing their own shells bursting among them. Thirty casualties o.curred in oue large fort The total Rusj-ian casualties were over 300 killed and wounded. This is an then!ic. Evidently not much damap.e was done TO the Japanese ships, fiu the forts made but feeble reply. RUSSIA SECURES A LOAN. Corrpletes Arrangements for Money When Needed. Berlin. a 17.—A dispatch fron St. Petersburg says that the Russian governi rt h.v. sucieeded in floating a war loan r-? Interna tional flxiaiicU".the names of whom are Kept sc ret. have agreed to ad vance the money to Russia, to be re paid when the war ends. The loan will take t::- form of consolidated stoi !. TL. will be given to thi Rust- a j-'ovi .im.tVit when the presell' resources heroine exhausted. Th funds Rusi has at hand will last a considerable time. CANNOT BE GIVEN ANY HELP. Pert Arthur Muit Be Held With Pre* ent Garrison. Newchwang, March 17.—General Ku ropatkin has telegraphed General Stoessel that he must hold Port Arthur with the present garrison. Kuropatkin states that he is forming his first line of defense with an army of 300.000 men, with a second line of 200,000 to guard the lines of communi cation and to prevent the Chines* from assisting the Japanese. 1 'ii r-i M. t- Jii »i"l *Vt 1 fcibf i«'ir :4-. :v