St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-09-19
HE PREFERRED TO FIGHT COW
SOLIDATION IN HIS OWN
WAY.
POINTS HE WILL DEVELOP
PUBLIC INTEREST DEMANDs
MORE THAN VESTED RIGHTS
OF A COMPANY.
MONTANA READY TO FIGHI
Some Facts About the New Suit II
General Public Inter-
est.

Attorney General Childs' action
against the Northern Pacific and
Great Northern railways yesterday
took the companies as we'll as the
public by surprise. While the ex-
elusive announcement in the G o
of Tuesday had advised the public
that the attorney general had de-
cided upon such course some time
ago, it was not expected to follow,
so closely, the decision of Judge
Sanborn. But it came and its COM
ing created a good deal of talk
among the legal fraternity of st.
Paul, although the general public
seems to take little more than a
passing interest in the whole ques-
ton.
The action of General ChiIds in the
matter is believed to have been
taken purely in the interest of his
constituents. When the first intima-
tion of the proposed consolidation
was given, the general got the idea
that while it might be a good move
for the railroads and a good thing
for the men whose money is invest
ed in the big concerns, that it would
not be a good thing for Minnesota.
For that reason he proposed to fight
1t and fight it in his own way. He
didn't want to indulge in any part
of PearsalPs suit or that of any
body else except Attorney General
Childs. And on that line he has car
ried on his work He has learned,
too, that the state outside of the
Twin Cities is intensely interested
in every move of the legal chess
game and he has entered upon the
work with more than usual zest,
believing that he has the backing of
the people of the state.
The new case is different from the
one just decided by Judge Sanborn,
Notwithstanding the fact that an
evening paper said it is the same
thing over again. While they are
In general along the same line, the
vested rights question was foremost
in the former suit. In this suit
it will become secondary, it is said.
to the question of the public interest.
Gen. Childs and those who are op-
posed to the consolidation claim
that the public has rights which
legislation cannot deprive it of. and
that one Of them is involved in the
present consolidation. They claim
that with the consolidation they
will be compelled to accept
f6n
give them in the way of accommo-
dat1ons on rates and everything else
pertaining to the service of rail-
roads. There have been decisions
and decisions on the question of the
pupllc interests, and it is said that
General Childs will, when he nre-
sents his case, have an array of an
thorltles as formidable as those used
IN the interest of the roads on the
side of vested rights. The gem
era1 IS devoting his entire time to
the case, and yesterday, when in
terrupted by reporter for the
u 10 b e, was deep down in the work
He said that while the two casAs
were essentially similar in their inn
portant allegations, the state in its
case emphasizes the fact that fba:
roads IN many places are parallels
and competing lines and shows how
any change will be to the injury o1,
the people of the state.
we maintain said he. "tba affoo
tlVeness Of the agreement is in snb-
stance consolidation against the NH
TIC interest and is wholly unauthorizei7
under the legislation under which +b.i
company is operating
"A gentleman who has taken as muot,i
interest in the case as any private in-d
dlVldual said, yesterday afternoon tha+i
ne would not be surprised if this s,,iti
would be the means eventually of end-l
i,ls all heSotlatons looking to consoli-i
udIioh' do not know how it will
succeed IN the courts" said he, "huti
| nave no doubt 1t will develop a WIDER
range IN the law on the case and mayj
Iesuit IN an injunction. 1 was talkingI
with Judge Sanborn today and he toI55
me that certain points would come MI
IN this case upon which he was no+i
called upon to pass an opinion. An6
anyway If 1t is not successful the roads,
VIII sun ind plenty of opposition he
lore they ever carry their idea into ef!
rect. They will fight it in Montana
Where there are constitutional provis.d
IONS forbidding such a course.
see, continued the gentlenar.i
that Mr.. Hill is going to Europe again
suppose he will go over tbera
with the recent decision and saw
to the Deutsche bank people. .Weu &
told you l could legally consolidate tho
roads, and here is the proof of it. 7 am
reaoy now to do my part if YOU gentle
men are willing to do yours II 70
mains to be seen whether or not thew
Will do so. My opinion is thew will
not, however. go into the consolidationI
scheme any further but will reorganizel
the Northern Pacific road, which is I'M
their power to do"
Senator c. X. Davis, one of the +.
torneys for the Great Northern in tbaa
injunction suit, was asked yester1aw
for an opinion with reference to the
action begun by Attorney General
Childs.
"All the questions raised by the att
torney general were raised when the
case was up before Judge Sanborn ~
replied Senator Davis. 'But the for
mer action was by stockholder. while
this is by the state, There is no con-
hict of jurisdiction, for in the event Of
the railroad being beaten In the state
courts, then a writ of error will lie
with the United States supreme court.
The injunction proceedings begun by
Gen. Childs will come up In the Ram
sey district court In a couple of weeks.
OF course an appeal will be taken no
matter what the decision of that court
may be and the case will go down, it
is understood. on the April term of the
supreme court ~4I