The Saint Paul globe., 1900-06-23
FIGHT NORTHERN PAC|HC|
RAILWAY COMMISSION RETICENT,
BUT EVIDENTLY PREPARING
FOR A FIGHT
IS DECIDING ON PROCEDURE
VIII Probably Bring Action In
Equity, with Application for
Receiver for the Du-
Iuth Road.

The only indication from the railway
commission as to the course which it VII
now pursue with reference to the consoli-1
d,tion of the St. Paul & Duluth and
Northern Pacific is unofficial and indeHn-
ite. No announcement of the line of ac--
ton anticipated has been made, and the
commissioners, with their attorneys, are
observing studied reticence. 1t is learn
ed, however, that all doubt as to whether
the commission will prosecute is remov,
ed and that within a short time proceed
irgs vii! be instituted.
The commission was not unanimous at
first in opinion as to the course which
ought to be pursued in the consolidation
matter. Certain influences were brought
TO bear to urge immediate action; the
commission going into court for an in
junction against further proceedings III
the transfer plans. This course was
found TO promise little real advantage,
since an investigation of the facts and
the law showed that the commissions
grounds for prosecution would be as
strong after the fact of the consolidation
as before. The notification to submit
details of the transfer plans was then
ordered sent to the two roads.
Said commissioner, speaking yester-
day Of the consultations:
The only question involved In the case
is whether the Northern Pacific was or
was not a competing line of the Duluth
Their own petition on file with us shows
that they are, and there has never been
any DOUBT on The question. That decides
the legality Of the transfer. There is lit
tie else in the case to be decided which
has not already been passed upon by
competent authority. In all probability
the further action of the commission viii
matter is in the hands of our attorney,
and he will make an exhaustive study Of
the quest on before we proceed. He has
not indicated the course to be taken, and
we know nothing yet as to whether the
case will be carried further or dropped.
Asked what effect decision against
the road would have, he replied:
do not wish to enter into the question
more fully. There is little doubt but that
# we establish the illeSality of the trans
fer Of the Duluth property complications
Of an aggravated nature will arise
There is every evidence that the corr
missioners have not anticipated dl oppins
the question for an instant. No official
statement can be obtained, yet there are
strong indications that the commissioners
have already decided upon fight to the
finish. Common sentiment all along the
line of the Duluth was against the trans,
fer, and this fact will have weight with
the commissioners in deciding upon furth-
er action. Among the former officials of
the Duluth the hope has several times
been privately expressed that the COM
missiOners would succeed in establishing
th>ir claims. Speaking of the consoiida-
tion and the aspect of the question from
a legal standpoint, an attorney for a
disinterosted line said yesterday:
The law and the decisions upon the
consolidation of parallel lines are clear.
except to a few suspicious persons who
seek to charge the comm 'ssioners with
political aims on all possible occasions.
transfer hinges is the parallel or com
monty admitted that the Northern pa
c. was a competitor of the Duluth
Wi ethc-' the court will take this view
Is a matter which is in dou<Jt Legal
decisions are oftentimes peculiar. From
the standpoint OF an outsider the merits
o. The case are clearly defined.
The form Of action to be taken by the
commissioners is in doubt. Proceedings
in equity are probable and the applca-
tion for a receiver of the Duluth by the
commission, after which the status of the
road will be determined