The San Francisco Call. Newspaper, March 15, 1904, Page 2

THE SAN FRANCISCO CALL, TUESDAY ADVERTISEMENTS. ONLY A FEW WEEKS MORE And the greatest shoe sale of the century will have passed into his- tory. The greatest for values, the greatest for the number of pairs sold. Thousands have availed themselves of this opportunity to purchase a year’s supply of shoes for the price of one pair. THE ENTIR MUST BE CLOSED OUT And we witl make in the prices of short lines on the bargain counters THIS WEEK WE WILL ALSO PUT ON SALE ~00 pairs Men’s /i c ¢ 200 poss Miea's Fne. Ve B o ey Gill e welted sewed soles, stitched edges, | bright kid tops; latest style; coin »uble soles; regular toe and patent leather tip; welted sizes; sewed soles, stitched edges; regu- 4 32-50 lar price $ 1 sizes, s2 50 all widths; this week.. ' 800 pairs Men's sine Box 1200 pairs Ladies’ Fine Viei Kid Calf e Shoes; latest style, coin Lace Shoes; latest style, coin tog t sewed sole stitched and patent leather tip; hand-turn- gle or double soles; | ed soles; rezular price $3.50; all price $3.50; 1 82 50 sizes, all E 15 week .. ' WIBBK 5.5 - i3 cnblesihins ki ] These Shoes Are Exactly as Repre: Your Money Back WE HAVE RO BR NOLAN Phelan Building. 2 812-814 MARKET STREET E STOCK a special cut 1100 pairs Ladies’ Fine Vici Kid ANCH STORES BROS, fi C’FA RFELI. STREET FARMER LOSES LIFE I FLOOD Man Attempts to Dynamite to Divert Waters and Is Drowned | P SR March Colusa ['se SA 14.—Dennis Sween- ey, for over twenty years a farmer, | living northwest of Colusa, met death ate Saturday evening in the flood waters of the Sacramento River. Al lcvee protects Sweeney’s ranch as well as many others from the ‘hill streams, also from the water that comes from break the river levee above. he and others were watching when Later hundred left and went to | e was seen on a raft | ards above and with | ft his ¥ in the | e was the ty ad, along which is a grade four or five feet hign. | Sudde Sweeney disappeared. Hi friends went to investigate and found | that the raft had struck the top of a post and sney could not be found. The searchers were surprised to find o a complete outfit for 5 | blowing the h in the county yoad so s would run off his land. But for the mishap which Sweeney's life the ¢ y road would have no doubt been wn up and thousands of | acres of fine growing grain destroyed. His body has not been recovered. Sl Using Boats in Alturas. REDDING, March 14.—Alturas, the seat of Modoc, was inundated for the third time this rainy | The water was three feet deep | the streets and people used boats | in getting Indians say it is | the worst flood they have ever known and that their forefathers never hand- ed down traditions of suéh severe | storms. The snow is deposited on the | mountains, the warm rains melt it and | the canyons carry the floods down | upon the valleys S No damage hs been done in Alturas, however, bevond making it a very dirty town. —— Rain Continues in Napa. NAPA, March 14.—Heavy rain fell here Sunday night and Monday morn- | ing and the river is to-day running at the top of the banks along First street, near Chinatown, The weather to- night is threatening. The rainfall for the twenty-four hours preceding 7 o'clock Monday morning amounted to | .74 of an inch. This makes a total of 23.54 inches for the season to date, | as against 18.61 inches for last season | to a corresponding date. | ——— More Rain in Marin County. SAN RAWABL, March 14.—Marin County was drenched again to-day. The precipitation for San Rafael is more than two inches. Other points | in the county report a greater down- | pour. There were very few washouts | on the railroads and traffic was not | delayed much. The precipitation at San Rafael for the season is 35.42.! inches, against 24,72 inches up to this time last vear. 3 PR £ Women Drowned in' Swollen River. EUREKA. . March 14.—Whilé at- tempting to cross Mattole River Satur- day noon in an open boat Ida, May] and Mary Hadley, sisters, of Petrolia Jost their lives by the upsetting of a| | | | season in around vet a boat, which was caught in an eddy, precipitating them into .the turbulent waters of the swollen stream. T body of Mary was recovered on a san spit five miles below the place of the accident on_ Sunday afternoon. —————— A Guaranveed Cure for Piles. itching. Blind, Piles. Your Pazo will ‘money Olntment faiis to eure you in 6 1014 days. 50c* OFFICIAL MUST PAT JUDGENT Judge Tuttle of San Jose Renders Decision Concern- ing Scope of Garnishment | S0~ e TR Special Dispatch to The Call. | SAN JOSE, March 14.—A decision | was rendered by Judge Tuttle of the Superior Court to-day which will be interesting to the various county offi- cials of the State, as it is rendered under a late law which subjectssthe laries of county officers to garnish- ment. The court ordered a peremptory writ of mandate to be issued to County Auditor Parker directing him to draw a warrant in favor of Jchn T. Wallace, Justice of the Peace, to satisfy a claim against ex-County Auditor Murphy held by Mrs. Laura Erkson. Murphy owed Mrs. Erkson a board bill of $65 for himself and family. She obtained a judgment against him in the Justice Court, but he failed to satisfy it. A couple of weeks ago Murphy retired frem the office of Auditor. Béfore he could draw his money Mrs. Erkson ap- plied to the Superior Court for a writ compelling his successor to issue a war- rant to Justice Wallace against money coming to Murphy to satisfy her judg- ment. Prior to the time when the salary of Murphy became due Murphy had made an assignment of the money to T. C. Hogan, G. Geoffrey and Wil- | liam Osterman for money advanced to him, and it was contended that by rea- son of such assignments the money had passed out of his control and that no attachable interest existed. Judge Tut- tle, however, ordered a warrant drawn to satisfy the judgment. Ten days | stay of execution was granted the de- | fendants, however, to prepare a mo- | tion for a mew trial. ———— HILL DECLINES TO TALK. President of Northern Securities Company Has Nothing to Say. | NEW YORK, March 14.—J. J. Hil, ! president of the Northern Securities Company, received news of the decision at the company’s office in this city. Hill declines to discuss the matter except to say: “There is mothing to be said at this time. The properties of the Northern | Securities Company are still there. | They are good as ever.” | Hill intimated that he might have | something to say as soon as he got] some definite scope of the decision, He | was in conference for some time after ' the news came out with John H. Ken- nedy, who is one of the directors and largest stockholders of the Securities Company. { At the office of J. P. Morgan & Co. no | expression regarding the decision could | be had. A member of the firm stated, | however, that he was not surprised. Colonel W. P. Clough, fourth vice pres- ident, director and general counsel of | the Northern Securities Company, who | is alleged to have taken an active part in drawing up its charter, was in Washington to-day. { OMAHA, March 14.—General Charles ' F. Manderson, general counsel for the ! Burlington Railroad, one of the lines effected by the Supreme Court decision | in the Northern Securities merger case, 1 said the decision would not in his opin- y fon either benefit or injure the general : public. He also stated that it would in no way affect the management of the | three lines included in the merger—the | Burlington, Great Northern and ern Pacific—and that each of them would continue to operate as separate | and competing corporations. | —_——— Senator Tillman b WASHINGTON, March 14.—The condition of Senator Tillman, who has been sick for some time with a throat affection, continues favorable. Unless unforeseen complications de- velop his early recovery is predicted. | George F. | out the purpose of the original combination orth- | & ~——IDISSENTING OPINION IS RENDERED ) ~BY FOUR OF HARLAN'S CONFRERES e e e~ et e % (o - Continued From Page 1, Column 7. | Morgan, Rovert Bacon, | Baker and Daniel -Lamont, citizens of New York. Its general ob- ject was to enforce, as against the de- fendants, the provisions of the statute of July 2, 1890, commonly known as the anti-trust act, and entitled “An act to protect trade and commerce against un- lawful restraint and monopolies.” REVIEWS FACTS. announcing the origin and the sought to be accomplished by Justice Harlan reviewed the d by the record in the Government's - case he Pierpont After purp the uit, facts, as disclos case. said: Of the ! s that if the combina- | n, violation of the act forts of the mational | he people the bene- | 1 among carrlers engaged | in interstate commerce will be wholly unavail- 4 indeed the ing and all transcontin lines, | entire railroad system ¢ country be absorbed, merged and consolidated, thus pla ing the public at the absolute mercy of the slding corporation. Of the The sev fendants denied all the allega- tions of the bill imputing to t a purp to evade the provisions of the act of Congress | or to form a combination or conspiracy having | for its object either to restrain or to monopo. | lize ug the States or | with denied that any | railroads’ case, he said: | ral ¢ commerce or trade foreign nations. A oy combination or conspiracy was formed in viola- tion of the act. Having outlined these preliminaries, ! Justice Harlan came immediately to | the judicial consideration of the case | and practically indicated- the decision of the court in the first sentence of the opinion proper. In that sentence he said: In our jUidgment the evidence fully su!la(n"‘ the materiil ailegations of the bill and shows | a violation of the act of Congress In so jar as it declares illegal every combination or con- spiracy in restraint of commerce among the several States and with forelgn nations and forbids attempts to monopolize such commerce. | He again recurred to the facts in the | case and said that, laying aside any minor things it was indisputable that | upon the principal facts of the record, under the leadership of Hill and Mor- gan, the stockholders of the two rail- road companies, having practically parallel lines of road, had combined under the laws of, New Jersey by or- ganizing a corporation for the holding of the shares of the two companies upon an agreed basis of value. Pro- ceeding, he said: STOCKHOLDERS CHANGE. ‘The stockholders of these tfo competing com- panies disappeared as such for the moment, but immediately reappeared as stockholders of the holding company which was thereafter to guard the interests of hoth sets of stock- holders as a_unit and to manage or cause to be managed both lines of railroade as if held in one ownership. Necessarily by this combina- tion or arrangement the holding company in the fullest sense dominates the situation in the interest of those who were stockholders of the constituent companies; as much so for every practical purpese as if it had been itself a railroad_corporation which had bullt, organ- ized and operated both lines for ti éxclusive benefit of its stockholders. Necessarily, aleo, the constituent campanies ceased, under such a combination, to be in active competition for trade and commerce along their respective lines and have become practically one powerful con- solidated corporation by the name of a holding corporation, the prineipal, If not the sole ob- Ject for the formation of which was to carry | | | under which competition between the con- stituent companies would cease, The stovkholders of the two old compani are now united in their interest in preventing all competition between the two lines. They would take care that no persons are chosen directors of the holding company who will per- mit competition between the constituent com- panfes, the result being that all the earnings of the constituent. companies make a common | fund in the hamds of the securities company | upon the bagls of the certificates of stock is- sued by the holding company. No scheme or device could more certainly come within the Words of the act “‘combination in the form of otherwise ¢ > 38 trust or - Straint of commerce among the States or with *“or could more effectjvely and competition een the VIOLATES TRUST LAW. This combination s within the mesning the mct *a trust,” but if not it is a combina- tion in restraint 'of interstate and international commerce and that is enough to bring it under the condemnation of the act, The mere ex- istence of such & combination and the power ;mmfl by the holding 0?‘9“7 ag trustee or combination tute a menace to and a restraint umm freedom of com- merce which Congress intended to recognize and which the public is entitled | forelen naticns | directed against all direct restrain & 2 to have protected. If not destroyed all the ad;‘:m( s that would paturally come to the publie of competition as between the Great Northern and Northern Pacific railways wi the entire Bommerce of the immens In the northern part of the United States be- tween the Grest Lakes and Pactfic at Puget Sound would be at the mercy of a single hold- ing corporation organized in a State distan from the people of that territor: He agreed with the summing up by | the Circuit Court of the results of the | combination, which was that it places | in the | the contro! of the two roads hands of a single person and, second, that it destroyed every motive for com- petition between the two lines by pool- | notwithstanding | | both were engaged in interstate traffic. | Entering upon an investigation of the | es bearing on the case, Justice | Harlan deduced from the consideration | ing their earnings, authori of these precedents the foliowing propositions as applied to the present | case: That although the act of Congress known as the apti-trust act has no reference to the mera | manufacture and pfoduction of articles or very contract, combination or conspiracy in whatever form, er whatever nature, and who. ever may be parties to it which directly ecessarily ates n restraint of trade mmerce a . ACT OPPO! MONOPOLY. That thé act is not limited to restraints of interstate and international trade or that ere unreasonable in thelr nat or unreasonable, imposed by any combination, conspiracy or moncnoly unon such trade or commerce. Thet railroad carriers engaged in interstate | or international trade or commerce are em- braced by the act That combinations even among private man- ufacturers or dealers whereby interstate or in- ternational ccmmerce is restraine are equally embraced by the act That Congress has the power to establish | interstate or international com- | rules by whi merce shall be zoverned and by the anti-trust act has prescribed the rule of free competition among those engaged In such commerce. That every comblnation or conspiraey which would extinzuish oompetition between other- | wise competing rallroads engaged in interstate trade cr commerce and which would in.that way restrain such trade or commerca is made illegal by the act That the matural effact of competition is to increase commerce and an agreement whose direct effect is to nrevent this ~lay of compe- tition restrains insteads of promotes trade and comrerce. That to vitiate a' combination, such as the act of Congress condemns it need mot le shown that such combination In fact results or will result in a total suppression of trade or in a complete monopoly, but it is only es- sential to show that by fts neceasacy operation it tands to restrain Interstate or International trade or commerce, or tends to create a mo- nopuly in such trade or commerce and to de- prive the public of the advantages that flow from free competition. That the constitutional guarantee of liberty of contract does not prevent Congress from prescribing the rule of free competition —for those engaged in interstate and international commercs That under its power to regulate commerce DR, SHOOP’S REMEDIES. The Book Tells You How To Get Well At My Risk 1f you want 1t you want 1f you lack ami you can't do If Your nerves—your courag. If your confidence in yourself 3 {fyou lack vim, vigor. vty (Y f mntllurz(u eating away your constituticn sk ter for the 10 feel betier. o ih. e ; ke the risk ctme te u;«.:(fig drh;i';;(:n“-ekvey?; Hho will Eive 'fl-‘.fi' “Take it and see for’ yaursel what it will do. No cost—not y—if ", better.” Donleave H i el o L 40 )\ V-.. , shall say the word, whether you’pay E,u&x&‘g #& druggist can't complain. it e at your oy, Dr. Shoos Weslorative at my risk. Not a’ P foa s two-cemt stamp—or a postal—against six bottles 7 f my ‘B&fi:fln—f“l 59, their.c .10 bel the o l&&'fl» n'.“”??‘.‘n'a‘."'u..'.’. g e s, lom it fails, rik my reputation g it And thecost o, x , and | want you nOw. of gaining ' do i T O e on me. Now—today. Simply state which Hook 5 on ogrog book you want and g«;ii::tuman?n Dr. Shoop, 4 for Women. x 860, Ractns, S0 Wis. Book 6 on Rheumatism Mild cases, not chrenie, often cured with one or two botlles At Arugeists’ ~ | "A;I'T'T'T" 6 [ J Gaeaas s S nder the operation of the general law ! the limits of the several | d declares to be illegal | or | | nz the several States or with | mmerce | . but is | , reasonable | HEAD OF RAILROAD MERGER AND JUSTICE WHO RENDERED ADVERSE DECISION. AT B | among the several States and foreign nations Congress had authority to enact the statute | in_question, STATE'S RIGHTS PLEA. Speaking of the railroad Harlan said: This view does not impress us, There is Ro reason to suppose that Congress had any pur- pose o interfere with the internal affalrs of the State, for the contention that the anti-trust act regu- lates their domestic commerce, Justice Harlan brushed aside as scarcely worth mentioning the conten- | tion on the part of the Securities Com- pany that the question involved is the | right of an individual to dispose of his the State’s rights plea of representatives, Justice { such transaoctions the individuals whose interests are involved are sub- ject only to the restraint of State laws. He also referred to t! - argument that the position of the ship of stock in a railroad corporation is in itself interstate commerce and to other similar declarations and, menting on these, ke said: makes any such contentions or takes any such posltions as those state fmply. It does contend that « ¥ control the » ownershiy rporation v It does not trol the orzaniza- tate corporations, | tion or mere | authorized b~ T | t e and interpational comme; | protect the ¥ means « appropriate and that are lawrul and not prohibited by the constitution. contend that Congress may of interstate commerce by that CONGRESSIONAL RIGHTS. of Congress to enact such legislation as the anti-trust law and goes into an in- quiry as to how far the courts may go in order to give effect to such an act and to remedy the evils designed to be suppressed by it. Justice Harlan said it was the intention of legislation of this character to prescribe a rule for interstate and international commerce which should prevent vexation by com- binations, comspiracies or monopolies which restrain commerce by destroying or restricting competition. He then added: We say that Congress has prescribed such a rule because in sl prior cases in this court the anti-trust act has been construed as for- bidding any combination which by its neces- sary operation destroys or restriots free com- petition among those engaged In interstate commerce; In other words, that to destroy or restrict free competition in interstate com- merce was to restrain such commerce. Now, can this court, in reason, say that such a rule is prohibited by the constitution or is not one that Congress could appropriately prescribe when exerting its power under the commerce clause of the constitution? Taking up the eontention that rail- road corporations created under the laws of a State can be consolidated only with the authority of that State, Justice Harlan said that he could not understand why this suggestion was made in this case. “For,” he went on, “there is no pretense that the combi- nation here in question was under the authority of the States under which laws these railroad corporations were created.” But even if the State allowed consolidation, it would not follow that the stockholders of two or more State corporations engaged in in- terstate commerce could lawfully compine and form a distinct corporation to hold the stock of the constituent corporations and by de- stroying competition between them restrain commerce among the States and with foreign nations. PRIOR DECISION. Justice Harlan announced the in- ability of the court to concur in the view ‘that the anti-tfust act is repug- nant to the constitution of the United “The contention of the defend- he said, “could not be sustained without in effect overruling the prior decision of this court as to the scope and validity of the anti-trust act.” Proceeding further, in propounding this line of argument, he said: Indeed, if the contentions of the'defendants are sound, why not all the railway companies in the United States that are engaged under State charters, in interstate and in tional commerce, enter into a combination such as the one here in question, and, by the device of a holding corporation, obtain the absolute con- trol _throughout the | entire country of rates for passengers and freight beyond the power of Congress to protect the public against their ex- actions? 3 The it in behalf of the defendants necessarily leads to such results and places Con- gress, although invested by the people of the Unitéd States with full authority to regulate interstate and international commerce, in a condition of utter helplessness, so far as the protection of the public against such ina- | tion s con 3 Coming again to the consideration of the contention that interference by the Federal Government with the affairs of a State corporation will prevent the nor is there any ground whatever | stock in a State corporation, and that in | Government | amounts to declaring that the owner-| com- | We do nof understand that the Government | * The opinion then takes up the right | P AINE’S CELERY COMPOUND. SECRET SERVICE MAN IS ALWAYS AT HIS BEST Philadelphia, February 20. “For any one whose work requires ex- cessive nerve power or nerve concentra- tion I know of nothing better than Paine’s Celery Compound. Any one com- attention to details—when the work won’t wait until one feels like working— will be greatly benefited by the use of Paine’s Celery Compound. it off and on for the past five or six vears and always with beneficial re sults."—Theodore E. Payne, Superintend- | ent Standard Secret Service Bureau. | LEADER OF LABOR HAD COMMON | SPRING SYMPTOMS. “I want to recogpymend Paine's Celery Compound to all sufferers from liver trouble and its complications, bilious- ness, constipation, floating spots before the eyes—and dull thoughts. I suffered | from these troubles every spring for a | [long time. I tried Paine’s Celery Com pound as a last resort, and I am now in | perfeet health.”—Chas. T. Jones, Busi- | ness Agent of Baggage and Parcel De | livery Drivers and Helpers' Union, Chi- | | cago. Overwork—Extreme Nervousness. “For several years I suffered with ex- treme nervousness, my exacting dutfes as could scarcely sleep at night. of Paine’'s Celery Compound by a friend, and after taking ome bottle received a great deal of bemefit. 1 purchased an- other bottle and consider my nerves bet- ter than they have been for years. I cannot speak too highly of Paine’s Celery Compound, and think it one of the world's greatest medicines.”—J. E. San- | berg, 2360 16th Street, 8., Minneapolis. pressman, Loearn how much be't: Compound—You will NE pelled to devote long hours and clou[ I have used | due to overwork in | and | I was told | s e . e e e A R Theodore E. Payne, Superintendent of the Great Bureaw, Tells What He Owes to the Celebrated Nerve Vitalizer and Tonic. Paine’s Celery Compound | i 1 1” | | | | | | ! Supt. THEODORE E. PAYNE. For Nerve and Emdurance the noted Detective Rel Celery Compound. B e e e S B Compound er you can fzel—Go to your Druggist To-day—Get ome boftle—Fzel just ONCE that abundant new nerve force made by Paine’s Celery VER AGAIN be contented with low spirits and poor health. the company was chartered, he said: eive how it is possible for any to contemplate such a proposi We cannot one seriously tion, Continuing in this line, he said: We reject any such views of the relations of the national Government and the States com posing the Union. It cannot be given effect | United States. DISASTER PREDICTED. Discussing the question as to | effect of the anti-trust law on financial | interests, Justice Harlan said the pre- | diction had been made that disaster to | business and widespread financial ruin | would follow the execution of its pro- visions and, he added, that such pre- | dietions had been made in connection with all preceding questions under that act, “but,” he been verifled.” continuing, he said: It is the history of monopolies in this country and England that predictions of ruin are ¥ made by them when it is attempted ation to restrain their operations and t the public against their exactions. n . as in former cases, they seek shel behind the reserved rights of the rltulv: al of con- But this, court has heretofore adjudged ‘ongress did not touch the the constitutional guarantee of libert tract. that the act of of the advantages of free competition in tra and commerce. But, even if the court share the gloomy forebodings in which the defend- ants indulge it could mot refuse tg respect | the action of the legislative branch of the «Government, if what it has done is within | the limits of its comstitutional power. The suggestions of disaster to Dusiness have, we apprehend, | who are opposed to the policy underlying the act of Congress or are Interested In the resuit { of this particular case; at any rate, the sug- gestions imply that the court may and cught to refuse the enforcement of the provisions of the act if, in its judgment, Congress was not wise in prescribing as a rule by which the conduct of interstate and International com- merce is to be governed, that every combina- tion, whatever its form, In restraint of such | commerce and the monopolizing or attempting to monopelize such commerce shall be illegai. These plainly are questions as to the policy of legislation which belong to the legislative de- partment, and this court has no function to supervise such legislation from the standpoint of wisdom or palicy. FALLACIOUS ARGUME T. the argument that the acquisition of stock by the Northern Securities Com- pany was in the nature of an invest- ment, saying that there had been no actual investment in any substantial “sense. In this connection, he referred to My. Morgan as authority for the | statement that the stock had been | transferred to the Securities Company merely for the purpose of suppressing competition and, in support of this statement, quoted the testimony of Mr. Morgan in which he had said that the Securities Company had Deen created a | f ances. Referring to the decree of the Circuit énun, Justice Harlan said that no valid objection voqla be made to it in form or in substance. Discussing the: effectiveness of relief at the hands of the court, he guoted approvingly the disposal by the Circui Court of the point, and continued: O] done only what the e en " demanded. 1ta "decree has done nothing more than to meet the require- ments of the statute. Attention also was given to the argu- ment, that the anti-trust act must be strictly construed in its eriminal fea- tures. Quoting a number of authorities on this subject, Justice Harlan said: e by et aanliest. thal If the antl frust act is held not to embrace a case such as 18 now before us, the plain intention of the legisiative branch of the Government will be defeated. Justice Harlan, in conclusion, said: below is hereby approved, with liberty to the Circuit Court_to proceed in the execution of its decree as the circumstances may require. BREWER DISSENTS. Justices Brewer, Brown, McKenna and Day concurred in this opinion and | they, with Justice Harlan constituting a majerity of the court, made it the opinion of the court. Justice Brewer, bhowever, did not accept the reasoning of Justice Harlan in all its details and therefore delivered a brief opinion of his own. He expressed the opinion that some of the recent’ decisions of the ccurt in anti-trust eases had gome too !far and, after mentioning several of them, said: Instead of holding that the anti-trust act H uded all contracts. or o s raint of Interstate trade, the ve been that the contracts gy B g there present ‘were in themselves able restrains of interstate trade, and therefors Securities Company from exercising its functions and will be an invasion of the rights of the State under which | hout _destroying the just authority of the | the | said, “they have not| their origin in the zeal of parties | ) Justice Harlan set aside as fallacious | custodian, because it*had no other alli- | The judgment of the court is that the decree | minor ¢ which the law had to be upheld. rather was to add th prescribed pen. Justice Brewer that the general language of the act is limited by the power which the individual has | to manage his own property and deter- mine the place and manner of his in- vestment. OTHER OPINIONS. The dissenting Justices, including Chief Justice Fuller and Justices White, Peckham and Holmes, present- ed two opinions, giving their reasons for not agreeing with the majority of the court in the decision reached. The first of these was délivered by Justice Holmes and the second by Justice White. Justice Holmes, in his opinion, contended that the anti-trust statute is of a criminal nature and said: s in vain to insist that this is not a al proceeding. The words cannot be ne way in a suit which is to end in fine and another way in one ju n. . held also he conceded pese of discussion that Congress might He sald, for the pur- take steps not only to regulate com- merce, but also to regulate instruments | of commeree or contracts, the bearing of which upon commerce would be onliy indirect. But the mere fact of an in- | direct effact on commerce not shown # be certa he argued, would not jus- tify such a law. Referring to the con- tention as to the effect that acquisition of the stock of the Great Northern and the Northern Pacific companies would have in preventing competition be- tween the two roads, Justice Holmes said: If such a remote result of the exercise of ¢ property and persomal make that exercise IS DISMISSED. Court Finds Against Camille Widen- | feld in Minnesota Merger Case. ST. PAUL, Minn., March 14.—A de- | cision dismissing the appeal of Ca- mille Weidenfeld from a decree in the nited States Circuit Court, dismiss- | ing the appellant’s intervening peti- | tion in the case of Peter Power against the Northern Pacific Railway Com- | pany, was handed down by the United | States Circuit Court of Appeals to- day. The suit originated m the Dis- i!r(cl Court, Peter Power, as the al- leged owner of 100 shares of common stock in the Northern Pacific Com- pany, seeking to obtain an injunction estraining the Northern Pacific Com- | pany’'s directors from entering into a combination with similar officers of the Great Northern and Chicago, Bur- APPEAL lington and Quincy roafls to merge and consolidate the three systems. Power also sought to restrain the Northern Pacific Company from re- tiring its preferred stock, anogin; that this was being done in the interest of |the alleged merger. The case was | removed to the United States Circuit | Court, where the defendants conclu- sively showed that Power never owned | any stock in the Northern Pacific. Camille Weidenfeld, with the per | mission of the court, flled his inter- | vening petition seeking to have the i retirement of the stock declared un- lawful and fraudulent and to have the | Northern Pacific Company declared guilty of having unlawfully comsoli- | dated its lines with these of the Great | Northern. The decision is against the conten- tions of the appellant at every point, | the court holding that the Northern Pacific Company acted entirely with- in its powers in converting the pre- ferred stock into common stock. —_— Montgomery Not Injured. PENSACOLA, Fla, May 14.—The cruiser Montgomery, which ran into Montrose Point last night during a dense fog, was floated to-day and an examination revealed the fact that she ‘was not injured in the least.