The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1901-12-31
Restraining Order Issued by
District Court Of hennepin
County, Minnesota.
HARTMAN BEHIND ACTION
Order VIII Bc Served On Olll-
GERS IN Minnesota aud Tclc-
grnphcd Ia New York
for Service There.

MINNEAPOLIS. MINI, Dee. 80
Judge Elliott. of the District Court Of
llrnncplnc county. today granted
temporary order restraining the officers
of the Northern Pacific Railway Com
pany from retiring the preferred stock
OF that company The order was Is
sued on the application ~ Peter Pow
rr. ~ Ncyy York. who holds lOo shares
of the common stock II was supposed
that the failure of the action brought
| In the Sew York courts hy holders "
preferred stock cleared away the last
obstacle to the retirement Of the lrc-
frrrrd on January /. leaving the M
interest frrr tp act u In inferred hl-
| though % does not No appear. that thc
Ipr,nrut action lH brough, in behalf ~
tho Hartman interest to prevent COM
Itrul passing out OF lts hands FOR an
other year or until the legal standing
NJ the Northern Securities Company iH
settled
The claim IL set up by Mr. Power
In hiH sui, that the retirement ~ the
pr, frrrrd stock m In violation ~ the
agrc,mcu, that such retirement would
las no additional burdens upon the
common stock. and he holds that the
certificates " dcbcn,urc bonds to be-
issued to effect the retirement ~ the
preferred stock would become q Hen
upon the common stock. and thus
work au InWry to his property II Is
understood that the block Of lo' shares
held hy Power is the only block ~
common not hitherto controlled and
definitely located upon one side or the
other the Hartman people or the Hlll-
Morgan interest
The restraining order will not only
hc served ON the officials In Minnesota
but will hc tclcgraphcd TO New York
and served on the officials there
Jus, after the noon hour today, Pres
idcut charles $ Mcllen of the North
,rn Pacific Railroad Company was
served with papers which cnioln the
company from retiring the preferred
stock
The bin alleged that the Northern
Pacific Railway Company and the
Great Northern Company are parallel
lines to the Pacific coast and the chi
cago, burlington and quincy Railway
Company has a parallel line from NIL
inga Montana, to Chicago and all such
lines arc competiting lines ror the
| business OF the Northwest II is al
legged that the officers ~ the new
Northern Pacific Company went into
"A combination with the Great North
crn and Chicago. Burlington & Quincy
the purpose " which was 20 consoll-
date and control the three systems un-
der one management, and knowing that
II could not be legally effected the
directors Of the three companies, for
the purpose OF doing indirectly what
they could not do directly, caused 70
be organized the Northern Securities
Company, New Jersey corporation,
with capitalization OF NOVOO' the
intention being 20 cause the majority
of the stock OF all three OF the railroad
companies to he transferred to the
Northern Securities Company, sup
pressing competition, regulating tarlu
rates and conducting the entire bust
ness OF the three systems as one cor
poraton II Is further alleged that
thcreupon the Northern Securities
Company proceeded To advertise pub
llcly upon terms OF exchange, all the
stock OF the Great Northern Company
that the whole scheme was Illegal,
in violation of the law Of ihi' state
and other states through which the
railway lines pass, against the laws of
the United States and OF each ot the
states. The bill also alleges that the
preferred stock can only ~ paid for
and retired from the net surplus earn
ings OF the Northern Pacific hallway
Company and not otherwise.