The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-09-13
ACTION DlSNISSED By CaNSENT
COUNSEL FOR STATE COMMISSION
AND THE N. P. MAKE Salts
FACTORY ARRANGEMENTS
CONSIDERED A SEPARATE LINE
So Far as Rates Are Concerned.
Branch VIII Be Distinct
Line From Main
Road.


AS the result of an important meeting
at the railroad commissioners Office yes
terday afternoon, in which the conferees
were the members of the commission.
General Counsel Bum, of the Northern
Pacific and Attorney Childs. counsel for
the commission, all legal objections to
the Northern Pacific's operation of the
St Paul & Duluth line are removed. and
that company will now be considered the
accepted owner of the Duluth branch
which 1t purchased few months ago
The action of the state of Minnesota
brought against the Northern Pacific
at the time the purchase was made con-
templating an Injunction to the compile
ton OF the transfer, was dismissed by
the mutual consent OF both parties to
the suit
1t Will be remembered that when the
sale of the ST. Paul & Duluth was m, ne
to the Northern Pacific company the
railroad and warehouse commission. act
ing in the interest of the state, brought
action against both companies to eniofn
the going into effect of the transfer and
control of the Duluth road by the North
ern Pacific company !
The grounds of this action were that
the lines operated by the respective COM
panies between Minneapolis, St Paul
and Duluth were parallel and competing
| lines, and that the right of the Northern
Pacific to purchase the Duluth line ought
to be challenged by the state. 1t was
held that if the Northern Pacific retained
possession of this line it would result in
the gross impairment of service and also
| less favorable system Of rates than
could be obtained under the former man
agements. The case has been pending
Il sufficient length Of time to afford the
| parties on both sides ample time to con-
| slider their issues thoroughly and arrive
! at satisfactory settlement, and 1t is
! therefore believed that the adjustment
made will meet all practicable purposes
! and suit the. ends Of justice.
| STIF ULATIoN. SIGNED.
At yesterdays conference a stipulation
was signed by both Mr. Bum and Mr..
Childs, the opposing counsel, dismissing
the suit without prejldice, pusuant to
the authorization of the commission. that
body having entered into an agreement
with the Northern Pacific company re-
garding the future conduct of the ST.
Paul & Duluth road BY this agreement
the Northern Pacific retains the owner
ship OF the ST Paul & Duluth. and con-
sents that in the future, should any cues
| ton arise as to the rates exacfed on
that road the line shall be deemed a sep
arate and distinct entity, and 1t will not
be necessary to make special inquiry as
TO the costs and values of the Northern
/ Pacific's other properties, should the
necessity arise of entering into an in
/ Vesti9ation of the costs and values Of
the St. Paul C Duluth for the sake of
satisfying the state in any claims in
volved.
The state, it is believed, will find it
possible to secure just as good and fair
/ rates under the terms of the agreement
/ as would be possible under the former
/ arrangements of both roads, and the
settlement, therefore, possesses no fea-
| ture deemed unwise or unfair to the pa
irons of the roads, TO the state, or the
| owners of the line.
| TO PUT THE DEAL THOUGH.
President Erling, of the Milwaukee,
will be in the city today from Chicago
He comes for the purpose of completing
the negotiations pending for the lease
by the Milwaukee of the Northern Pa
c1fics tracks from this city to Duluth.
The agreement, which has been partially
entered into by President Mellen. of the
Northern Pacific, and President Erling,
involves the use of the tracks for both
freight and passenger purposes, and it
+ is expected that the deal will be con-
summated before Mr.. Erling leaves the
city tomorrow for Chicago.
Upon his departure the last time Pres
ident Erling was in the city, the state
ment gained circulation that a deal had
been effected for the freight traffic, but
this was denied by President Mel.en.
| who stated then that there was posi-
lively no transaction completed. While
! there may. be possibility Of the trans-
action not being completed today, a
prominent official of the Northern Pacific
stated to Clio e reporter yesterday
that but one or two minor details were
lacking to make the agreement perfect,
and that there was every likelihood of
there being satisfactorily attended to to-
day.