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VOLUME 1. NUMBER 202.
ARGUMENTS ARE ENDED NORTHERN SECURITIES CASE UF TO THE UNITED STATES SU- PREME COURT. ATTORNEY GENERAL KNOX SPEAKS ASSERTS THE MERGER IS A MO- NOPOLY AN CLEARLY CON- TRARY TO LAW. Washington, Dec. 16.The argument in the Northern Securities case was resumed in the United States su preme court during the morning and again the courtroom was crowded by attorneys and others interested in the case. Attorney General Knox was recognized almost immediately aftei the court came in and resumed his argument at the point at which he left off when court adjourned the previous day. lie declared that by the union ot the Northern Pacific and Great North ern by means of the Northern Securi ties company two competing interstate railroads have been brought into such relations that their independence as competitive factors in interstate com merce is destroyed, merce is destroyed. Continuing Mr. Knox said: "The testimony shows conclusively, I think, that as a matter of fact and law the thing which these gentlemen did was to create a combination in the form of trust, the form specifically prohibited by the act of congress, if It restrained interstate commerce and, also, that the Northern Securities company was formed for the purpose of taking over the control of the Great Northern and Northern Pacific rail roads and actually took over that con trol, and with that control absolute power over both roads, the thing which your honors have said consti tutes such restraint under circum stances substantially the same as those of this case. *m wm *F ksa there's & world of satisfaction in the Smoking Jackets House Coats Lounging Robes Not High-Priced Goods, for Gift Purposes Only, but Popular Novelties. in Popular Fabrics, at Popular Pricesto supply the waoits of the every-day ma who appreciates House Comfort. Let us show you the lines you'll be willing to pay more than we ask. Q'Leary & Rowser WMBNSBS Violates Law by Ingenious Plan. "But the law likewise prohibits com binations otherwise formed. That is to say, the law distinctly and plainly provides that its policy shall never be defeated by the exercise of any in genuity in the devising of forms. The object of the law once clearly deter mined all difficulty ceases if it is es tablished "that the object is defeaUd through contracts, combinations in the form of trust or otherwise, or by conspiracies." Mr. Knox then discussed the end accomplished by the merger of the railroad interests, saying: "The device resorted to in this case, if sustained, defeats the policy of the law, as it accomplishes all and more in the way of effectual destruction of competition than was accomplished in the Transmissouri and Joint Traffic cases, declared illegal." Mr. Knox also declared that the power to suppress competition has been exercised and he declared that Messrs. Morgan and Hill had the power to suppress competition between these two roads when they held the control of the majority of the stock of the two. He also asserted that they executed that power and actually sup pressed and destroyed competition be tween them the moment they parted with the legal title to their segregated holdings and vested them in the North ern Securities company, with the power In that company, as its charter specifies, "to exercise all the rights of ownership, including the right to vote thereon." This, he contended, actually de stroyed competition between the two roads. Knox Concludes His Argument. Mr. Knox summed up as follows: "That the end accomplished is to bring under one control the Northern Pacific and Great Northern railroads in such a way as to destroy competi tion between them and to create a monopoly of transportation in the sec tion traversed by them. "That this end was the deliberate purpose of the parties defendant, who conceived and carried out the com bination. "That such a combination is in re straint of trade, as your honors have repeatedly decided, and therefore vio lates the act of congress. "I have not the slightest doubt about it that this particular manifes tation of the tendency to combine has no economic merits. It is bad enough to bring the entire traffic, facilities in (jym-^gsgS BEMIDJI. MINNESOTA. up* In selecting Christmas Presents it is well to look to the intrinsic value of the article chosensomething that will please the eye and at the same time give service to the recipient make the ideal presentthe kind that you will b^ remembered by. Today we call your attention to three desirable Christmas Gifts. FOR WINTER LEISURE 1 an important section 01 uie cuuuuj under monopolistic control, but when to the power to fix charges for trans portation you add the creation of scores of millions of fiat stock upon which those charges are expected to pay dividends you impose an unjusti fiable burden upon the people and ex act too high a price for a successful evasion of the law. "While it may be true that the re capitalization of these companies was based upon existing market values for their stock, yet existing market values rested at that time upon total forget fulness of the fact that the progress of material prosperity is not continu ous and that those values were lifted upon the wings of an optimism that had converted into stock and stock values all the prosperity in sight, as well as all hopes and expectations of many future years." Young Speaks for Defendants. Mr. Knox was followed by George. B. Young on behalf of the Securities company. He began by saying that his clients do not seek in any way to limit the authority of congress over interstate commerce, nor was the Se curities company seeking in any way to evade the law. But it was not, he said, necessary to stretch a law cover ing interstate commerce to make it cover something that is not interstate commerce. "We are not dealing here with com merce or the operations of railroads at all," he said, "but we are dealing with the question of property." He referred to previous cases in the supreme our under the anti-trust law and said that congress had not defined th restraint of trade and that it had been necessary for the court to make its own definitions. In the Joint Traffic cases the roads dealt with were competing in character, but suppose they had not been competitors and they had agreed to reduce rates? That would be a contract in the restraint of trade, for the gist of a contract is found in the obligation that it lays upon the parties to it. All contracts in restraint of trade are, Mr. Young said, largely executory and he contended that the true view of the law must be in the same line as that of conspiracies. There might be power to affect commerce, but to come within the conviction of the law the power must be exercised. Mr. Young concluded at 3:15 p. m. and the case was submits t **r court. Smokin Jackets We have a nice assortment of these coats in popular styles at $5.00 .50 A N $7.50 EA CH Carpet_Sweepers Bissell's Cyco Standard and Excelsior at from $2.00 O $3.00 Sewing ^jgg^- Machines "& New Home $25 to$4o tfi Climax $25 to$27.50 Wabash $i 5 smm^m BEMIDJI, MINNESOTA, WEDNESDAY, DECEMBER 16, 1903. DAILY PIONEER. MOVEMENT IS SERIOUS AMERICAN CONSUL REPORTS AN OTHER EXTENSIVE REVOLT I N SANTO DOMINGO. OUR MINISTER SAID TO BE IN DAN6ER NECESSARY PRECAUTIONS WILL BE TAKEN TO PROTECT THE AMERICAN LEGATION. Washington, Dec. 16.Mr. Simpson, the United States consul at Puerto Plata, San Domingo, has cabled the state department that a revolution has broken cit at Santiago and that the movement is extensive and serious. This is supposed to be the result of the failure of the provisional govern ment to secure recognition at the hands of United States Minister Pow ell, which fact operated to prevent that government from obtaining neces sary money to maintain itself through a foreign loan. Nothing is known officially of the reported plots against the life of Unit ed States Minister Powell, but the navy will take all necessary precau tions to protect the American legation in San Domingo. The Newport will return there from San Juan as soon as she is coaled. PLOT TO KILL POWELL. American Minister Has Enemies in San Domingo. New York, Dec. 16.An alleged plot to assassinate William F. Powell, United States minister to Hayti and charge at Puerto Plata, Santo Domin go, has been disclosed in a communi cation from an official of the present Dominican government to a fellow countryman in this city, who formerly was an official under Wos Gil. tho recently deposed president of the re public. The letter states that the plot had been so arranged that ex-Presi dent, .limine under whose leadership W%s Gil was overthrown, should be killed at about the same time. The plot to assassinate Minister Powell, it was asserted, was conceived because of his opposition to plans of certain officials. The plan, as reported, was to let two or throe men get into a fight on a street when Mr. Powell was pass ing. It was then arranged that In the melee other plotters Bhould engage and it would be an easy matter to kill the American "by accident." With regard to Jiminez the writer asserts that he was to be the victim of plain assassination and that already two unsuccessful attacks have been made upon his person. The first oc curred Dec. 8, when a shot was fired at him while he was driving. The second attempt was made three days later. RUSSIAN INFLUENCE STRONG. Korea May Refuse to Open the Port of Wiju. Seoul, Dec. IB.More rioting has taken place at Mokphe and a Japanese mob wounded, seventeen Koreans. High Korean officials are Hurrying to Mokphe to try and quell the disorders. So far Russia has not interfered. United States Minister Allen has de manded a definite answer from the Korean government in regard to the opening of the port of Wiju. Despite American. British and Japanese pres sure Russian influence over the Ko rean government is apparently un shaken and it is expected that Korea will procrastinate in dealing with the matter and possibly may refuse even tually to act at all. A feeling of un rest is growing among the Korean people, who fear that whether It be peace or war between Russia and Japan that the extinction of the em pire is imminent. It is believed that the outbreak of hostilities or the announcement of a protectorate of any kind will precipi tate trouble. Foreigners in Seoul ex pect disorders and the American resi dents desire a warship. BOTH SIDES LOSE HEAVILY. Sanguinary Conflicts Between Persians and Turks. St. Petersburg. Dec. 16.Sanguinary conflicts between Persians and Turco mans are reported to have occurred on the Russo-Persian frontier. The trouble arose from the establishment of Persian customhouses. Fights be tween customs officers and Turcomans followed and resulted in killings on both sides. The governor of Astrabad, with a large body of troops, inter vened and refused an indemnity of fered by the Turcoman Khans. In the i fighting which ensued both sides BUS f.ained heavy losses. According to a telegram to the No voe Vremya the Persian troops were defeated and retired to Astrabad. IN ANTICIPATION OF WAR. French Troops Massing on the Siam ese Border. Paris, Dec. 16.Dispatches from In do-China report the massing of French troops on the Siamese border in an ticipation cf war. The officials of Indo-Chlna are quoted as saying that the occupation of a large slice of Siam has been decided upon. The authori ties In Paris do not believe that a rup tr.re with Siam will occur and say the measures taken are merely precau-' tionarv. I I i VWWWwwww^w^^ Something FOR Is Something Unusual, Bvit]Beginning 5 3 3 Monday. December 14, WE HALL jj Give Away Free S 50 MINIATITRK ibta Ct a MS. i These'1 One With Every $10 Cash Purchase. Our Line of We are pleased to have you come and look over our stock whether you purchase or not. Watches, Diamonds, Clocks, Silverware, TEN CENTS PER WEEK. Nothing Little Clocks are not toys but Practical Time Keepers and we (Guarantee Evervone^to'l KunTand KeepVrime, Cut Glass and Souvenir China Is the most (complete and Newest Designed in Bemidji. Every article guaranteed to give satisfaction or your money will be refunded. E. A. BARKER. 513^Third Street, Bemidji, Minn. We will be pleased to lay aside anything you may select until Christmas.