mtmmmnmm
u"-.
2
of his raco to provoke hostility between -himself
and the whites. " v .
The race question is here and It will require
tho intelligence and the patriotism of the peoplo
north and south to sottlo it aright. It has too
long been used for political advantage.
JJJ
Judge Lochren's Decision.
The decision rendered by Judge Lochren In
tho United States circuit court at St Paul with
respect to tho complaint that the Northern Securi
ios company had violated tho Minnesota state law,
does not diroetly affect tho caso already decided
by tho United States court of appeals, which
caso is now ponding, on appeal, in tho United
States supreme court.
The case considered by the federal courtof ap
peals involved a violation of tho federal anti
trust law.
Tho caso in which Judge Lochren rendered
a decision involved a violation of tho Minnesota
anti-trust law.
But, in principle, Judge Lochren's decision is
essentially at variance with tho decison rendered
by tho court of appeals. For this reason and for
the further reason that tho Lochren decision prac
'tlcally raised the question as to whether a stato
law aimed at tho destruction of competition may
be effective, Judge Lochren's decision is of tho
highest importance.
Minnesota, liko many other states, has a stat
ute forbidding the consolidation of parallel rail
roads. In Minnesota this particular law was en
acted in 1874. In 1881 a law was passed per
mitting one railroad company to consolidate its
stock and franchise with the stock of any other
reads which might bo connected and operate to
gether to constitute a continuous main line with
or without branches. At the same time the act
of 1881 reiterated the prohibition against consoli
dating parallel and competing lines. In 1899 tho
Minnesota legislature enacted an anti-trust law
forbidding combinations in restraint of trade and
commerce between the state of Minnesota and
other states.
In his opinion, Judge Lochren 'directed atten
tion to all of these Minnesota laws. Yet while ad
mitting that the Northern Securities comnany Is
an investor in and owner of a majority of tho
fitock of each of these two railroad companies,"
Judge Lochren said: "It has done no act and
made no contract in restraint of trade -r com
merce." Judge Lochren held that the action of
Mr. Hill in promoting the formation of this
trust under the circumstances and for the pur
poses for which the evidence discloses, and in
vesting in its stock by tho sale to it of his stock
in the two railroad companies, involved no act or
contract in restraint of trade or commerce or. af
fecting transportation or rates more than any
ordinary transfer of railroad stock from one per
son to another."
Judge Lochren admitted that his conclusion
is "apparently contrary to that reached by the
eminent judges who recently decided the case of
the United States versus the Northern Securities
company and who will doubtless in ant.-er court
review this cause upon appeal." But hes-id that
his own sense of duty and the rights of the liti
gants alike required that his own deliberate judg
ment guided by his understanding of the authori
ttye exposition of tho law bo given in all causes
tried before him. t
Judge Lochren said that he was compelled to
reject the doctrine that "any person can be held
to have committed or to bo purposing or about to
commit a high penal offense merely because it can
bo shown that his pecuniary interests will be
thereby advanced and he hai the power either di
rectly by himself or indirectly by persuasion- or
TH l0?f hil agenta t0 cmpass the commission
oi the offense.
rt is not at all surprising to learn throuirh
the newspaper dispatches that "Judge Loch?en's
HonlSlS,,Wa rtIJf lately communicated to Presi
dent Hill of the Great Northern and to President
nrnv Qf Northern Pacific, The news of Ss
victory greatly pleased President Hill"
aimwlhthn1?i,?ineSOta lawa, cltod by Judee Lochren
of the state r?!! d,St!nctly In yIolatioQ
oi tno state law. If it were necessary that some
SrinTOT01? r COntract imnedlntoly in S
lnln tjte or commerce be made by compa-
t n S1 .Parallel Jailroa'ds,
fco 7;i w7 B HUUX1 consolidation would
do a dead letter. SnMi n tn ...u , . .
SSr K - t
thoiiffh ZZ uuaas may consolidato even
though tho state law explicitly forbids such con-
The Commoner.
Bolidation, providing no act or contract in restraint
of trade or commerce shall bo made. '
Tho real ovil of such consolidations was well
defined by Judge Thayer in the opinion delivered
in the United States court of appeals when he said;
"It matters not whether by acting under
such a contract tho rate fixed is reasonable or
unreasonable, the vice of such a contract or
combination being that it confers the power to
establish unreasonable rates and directly re
strains commerce by placing obstacles in tho
way of unrestricted competition between car
riers who are natural rivals for patronage; and
finally that congress has tho power under the
grant of authority contained in the federal
constitution to regulate commerce, to say that
no contract or combination shall be legal
which is in restraint of interstate trade or
commerce by shutting off the operation of tho
general law of competition."
Judgo Thayer further held that if tho stock
tion w fntrU!te? t0 one person with instruc
hHnninT t0V0te Ifc "th0 "Nrtt would be a com-
becaut ? TQCt restraint of terstate commerce
because it gave power to suppress competition:"
and it was further hold that tho organization of
the securities company "accomplishes tho object
which congress has denounced as illegal "
sion dnthprin!pl of Jud&e Lochren's depi
?n?i t ? ' hen ,al1 antl"trust legislation might
could be orVn? Under that prlnciple trs
211 or&a nQa mergers ould U effected, com
binations could bo accomplished and the onlv
do anvtffn manag6ments should not immediately
do anything in tne way of forcing up prices or
'CIS?5 neW bUI"dens "Pon thePpSc
t i menting upon tne doctrine which Judg
Lochren says he is compelled to reject the Sis
Moines Register and Leader, a repubHckn paper,
of rrin 7h?G t?eory of th0 lavr in restraint
of crime is based upon the assumption that
when a man puts himself in position to com-
?nvw f?enseand Ws Gvident interest lids in
having, the offense committed, It is his pur
pose to commit it. On what other theoryPare
S Ty lay und over t0 keep the peacrt?
& 0t?er e0ry dId a New York Judge
the other day issue a permanent injunction
restraining strikers from even addressing em-
PtreyeetS?"Wh0 places 'he
oupJfnl? fnP?ICanT paper add that tbere is no
S ?w JudgQ Lochren's mind or anybody
mfrmi? th pUrP0Se for whIch the Northern Se
r C01?pany was organized; that the merger
SSPtt? n1naVneV?r be0n at any paina to c?n
?S, ; l thy havo not only admitted that
their pecuniary interests lay in a consolidation
but they have also admitted that the stock of both
companies was brought together for the Tmirno
no e
agement of the two lines will be brough? to
gether in reality, if not in outward form is to
makG "ce bHndr than a bat, too wind to
know whether she is even holding scales at
. S nT1 f ta" -SthTr10
anmiPnt!LSliCAUlIngs M this that make the
?h6 oSSS nn? he writ of i3imcUon so often
the object of adverse criticism. In New York
the judge holds that when a Btrikernks
to a non-striker it is fair to alsume thafho
SSff n Vila,te ?e la' 'a Minnesota !
though a consolidatton of two comnetimr rail-
StS hjafd5f? aCiUally eted ?? broaf Say!
light. Judge Lochren holds it would be un-
aUannfStreth they contempla to any
sSation6 StatUte that Pib!tB succon-
nJilteZ&ilmns to learn from Governor Van
tn -L In Q purposea to carry- on the fight "un
ami thnf LnUeStaiaws aro indicated and upheld"
tLVhvhe, "f3;8 that unt? ifc ls conclusively shown
S5L y IntdsUe results caa bQ accomplished
which our laws were intended to prevent; that
the creation of another state can be used to ac
complish in Minnesota that which is against tho
declared policies of that state,' that compeUtlon
hn nLTnactlVe' and Potential; that dummies
SnSLn0tfi?e dIy,ector18' omcera' and asents who so
fnfiatif tlie1HrnalLroad,s of Minnesota that its law
shall be nullified and rendored ineffective." Gov
ernor Van Sant says that ho has faith to believe
that tho final decision will be in favor of tho
VOLUME 3, NUMBER 31,
i'iteli,6 Norlhorn "'o "vm,
.xJ,18 t0 bo hoped that Governor Van Sit,ta
faith is well grounded. The power of the stau
government, as well as the power of the federL?
government, to deal with tho trust evil mUot bo
faithfu Iy preserved; and once it be admitted 11
tho federal court of appeals has said, that coi?
gress may by enactment prevent mergers 2
combinations and impose penalty, in advance of
any otherwise overt act, then it is absurd ?0Eay,
that a stote cannot legislate in a similar wav
against the destruction of competition and for
tho protection of public interests.
JJJ
Senator Gorman Again.
As no other reorganizer is so often mentioned
for the presidential nomination as Senator Gor
man, tho readers of The Commoner will be in
terested to know his views on public questions. On
another page will bo found an interview with tho
senator recently published in the Baltimore Sun
It will be seen that the senator wants to cet
away from the issues -of 189G and 1900. While ho
specifically mentions the silver issue, he evidently,
regards tho questions of trusts and imperialism as
dead also fop ho does not say anything about
them. Whether he would bavo the party openlv
indorse the administration's Philippine policy and
the president's inaction on the trust question or
leave the indorsement to be inferred from silence
he does not say, but on tin tariff question tho
only issue that he would make prominent ho
wants it understood that he is opposed to radical
reform. He favors a platform, like the platform
of 1884, that promises a very mild reduction,
why does he skip the platform of 1892 and go
back eight years farther to obtain a precedent?
The platform of 1892 declare a protective tariff to
be unconstitutional and wo had a popular plural
ity of 380,000 that year, whereas the republicans
had a popular plurality of 2o,000 in 1884, although
Cleveland had a majority -of the electoral votes.
The tariff plank of 1892 was not only mire recent,
nut it was more strongly supported, and Senator
Gorman prefers to go back to a "conservative"
platform. Possibly he avoids the platform of
1892 because he Was conspicuous among tm sena
tors who did the bidding of the manufacturers
and made the party break tho pledge contained in
that platform. If the tariff is to be the issue and
on that" question we are going to see how near
wo can get to the republican position, what is
tho use of making a campaign? Why not indorse
the republican position and ask for a fair share
of the offices in return?
The senator says that in order to win wo
must have "the confidence of the business inter
ests of the country," and again he speaks of "tho
substantial interests of the country." In the fight
now being waged between, the masses and organ
ized wealth it is evident that Senator Gorman's
sympathies are with organized wealth. What re
forms would be possible under his leadership I
None, absolutely none. He even indorses the Ald
rich bill which provides for the loaning of gov
ernment money to the national banks. He wants
ic so amended that Baltimore banks will get a
share, but he has no objections whatever to th
plan. His interview shows that he is not in sym
pathy with the rank and file of the party on a
single question. His selection as democratic leader
in the, senate was a great mistake on the part
the democratic senators and a great misfortune to
the party at large; his nomination lor tho presi
dency is not to be tho-ight of. He would, if mado
the standard-bearer, poll a million votes less than
a ticket with no name at all on it, for with no
nominations made there would still bo a hope that
the electors would find somebody who stood for
something.
Who will be the nert reorganizer to expose
his weakness to public gaze?
JJJ
Education.
The experienced man who had an education
in his youth will cheerfully testify to the value of
tnat high privilege; and tho experienced man who
oy force of circumstances was denied early edu
cational privileges will not fail to advise his young
inend to grasp the opportunity for college train
ing. Both classes of men appreciate the value of
an education, the ono because he knows what it
nas done for him and the other because he knows
tnat men who are denied the privilege of an early,
euueation are required to face serious embarrass
ments and obstacles.
Willmott said that "education is the appren
ticeship of life." Franklin said: "If a man
'" . ' .
"- ,t. i;y-
