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The Triumphant Life of Theodore Roosevelt edited by J. Martin Miller

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I50 THE MERGER DECISION<br />

brought in the United States Circuit Court at St. Paul, Minn.,<br />

under the Sherman Anti-Trust Act <strong>of</strong> i8qo. In February, 1893,<br />

Congress passed an act expediting anti-trust suits, and in<br />

accordance with the provisions <strong>of</strong> this law tlie case was given<br />

precedence over other business, and was heard before four<br />

judges <strong>of</strong> the Eighth Circuit, namely, Judges A. M. Thayer,<br />

H. C. Caldwell, Walter H. Sanborn, and Willis Van Devanter.<br />

<strong>The</strong>ir decision, written <strong>by</strong> Judge Thayer, but concurred in <strong>by</strong><br />

all, was that the Northern Securities Company was an illegal<br />

combination within the meaning <strong>of</strong> the act <strong>of</strong> iSqo.<br />

THE DECREE ENTERED<br />

A decree was entered adjudging that the stock <strong>of</strong> the<br />

Northern Pacific and Great Northern companies held <strong>by</strong> the<br />

Securities Company was acquired in virtue <strong>of</strong> a combination<br />

among the defendants in restraint <strong>of</strong> trade and commerce<br />

among the several States, such as the anti-trust act denounces<br />

as illegal; enjoining the Securities Company from acquiring<br />

further stock and from voting such stock at any meeting <strong>of</strong><br />

the stockholders <strong>of</strong> either <strong>of</strong> the railroad companies, or exer-<br />

cising any control or influence over the acts <strong>of</strong> the companies;<br />

enjoining the Northern Pacific and Great Northern companies<br />

from permitting such stock to be voted <strong>by</strong> the Securities Com-<br />

pany at any corporate election for directors or <strong>of</strong>ficers <strong>of</strong> said<br />

companies, and likewise enjoining them from paying any divi-<br />

dends to the Securities Company on account <strong>of</strong> said stock, or<br />

permitting the Securities Company to exercise any control<br />

whatsoever over the corporate acts <strong>of</strong> the companies or to<br />

direct the policy <strong>of</strong> either; and, finally, permitting the Secu-<br />

rities Company to return to the stockholders <strong>of</strong> the Northern<br />

Pacific and Great Northern companies any and all shares <strong>of</strong><br />

stock <strong>of</strong> those companies which it )inght have received from

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