The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-11-27
STATEMENT BY GOV. roo1E.
Montana Executive Explains His Posi-
ton on Proposed Railroad Mercer.
Especial to Inter Mountain

| operate with him in arranging a plan to
resist the consolidation Of the Great
Northern, Northern Pacific and Burling-
| ton roads. the governor of Montana yes-
| terday prepared and forwarded the fol-
| lowing statement:
l am In receipt of your valued favor
| OF the END instant referring to the Or
gani2ation of the Northern Securities
| company under the laws of New Jersey.
and to the public announcement that it
Is the declared intention of this corpora
ton, as we'll as the avowed object of
It's existence. to secure the control and
management of the Great Northern,
Northern Pacific and Chicago, Rurliug-
ton & Quincy railroads. and suggesting
a conference with view to CO.
operative opposition as far as the same
Will be feasible to such declared inten-
ton and avowed object.
1t you have rightly interpreted the
purpose of this organization as it re-
lates to the state of Minnesota, there
would seem to be no doubt that such
consolidation is a violation of the
spirit If not the letter of our constitution
which provides as follows:
No railroad corporation, express or
other transportation company or the
lessees or managers thereof, shall con-
solidate its stock, property or franchise,
with any other railroad corporation, ex-
press or other transportation company,
owning or having under it's control a
parallel or competing line; neither shall
1t IN any manner unite it's business or
earnings with the business or earnings
OF any other railroad corporation nor
snail any officer of such railroad. ex-
press or transportation company act as
an o1ncer of any other railroad, express
or transportation company, owning or
having control of a parallel or compet-
ing line
But. aside from this, our statute pro-
vides that: Every person, corporation.
stock company, OR association of persons
IN the state who, directly or indi-
Iectiy combine or form what
IS known as trust, or make any con-
tract with any person or persons. cor
pofatlon' or stock companies, foreign or
domestic through their stockholders. di-
rectors or officers. or in any manner
Whatever, for the purpose of fixing the
price, or regulating the product of any
article of commerce, or of the production
OF the soil for consumption by the peo-
pre- or to create or carry out any re-
Stflctlon in trade. to limit productions
or TO increase or decrease the price of
merchandise of commodities, or to pre-
vent the competition in merchandise or
commodities. or to fix a standard or
inquire whereby the price of any article
or merchandise. commerce or produce.
intended Tor sale, use or consumption.
VIII De IN any way controlled, or to create
monopoly IN the manufacture, sale or
transportation of any such article. or to |
enter INTO an obligation by which they
snail bind others or themselves. not to |
manufacture. sell or transport any such /
article below a common standard or |
ngure' or by which they agree to keen |
sucI1 article at fixed or graduated |
CURE or by which they settle the price |
ol sucn article so as to preclude unre- !
strlcted competition, is punisha BILE by i'm |
prisonment in the states prison not or.
ceedlnS HVe years or by a fine not az.
ceeding $4,000 or both"
livery corporation viola ting the nro
VISIONS OF this section forfeits to the state
an us property and franchises, and in
Ease oI foreign corporation it is pro-
hlblted from carrying on business in tbis
state. 80 ILLS
Ihls statute, as will be observed is
by another provision of
our constitution, which reads as fol-
lows: -'
NO company or corporation formed
under the laws of any other county. state
or territory shall have or be allowed To
exercise or enjoy within this state anv
greater rights or privileges than those
possessed or enjoyed by corporations of
the same Or similar character created
ui~er the laws of the state"
1 am not sufficiently advised at this
time to indicate what remedies are avail
able to defeat this consolidation and its
purpose to control the rates of TRANSPORT
tatlon In this state, but whatever lawful
methods are available will be employed.
and to this extent our co-operation NAV
be relied upon.
have not devoted any time to a con-
sideration going on in the press as to
Whether the unobstructioned and success.
Ful launching of this gigantic combina-
ton would prove dangerous or detrimen-
[al to the commercial welfare of the
northwest, or whether it would eventu-
~, as claimed by some, in giving sta
oility and steadiness to Transportation
charges and hence rebound to the public
good, but have considered that question
settled by what seems to me to be the
plain plenary and positive provisions of
he constitution and laws of Montana de-
signed to prevent the very things which
'onfessedly the Northern Securities COM
oany could not do directly, but which II
s avowedly attempting to do indirectly.
1t may be- as claimed by counsel repre-
'enting the Northern Securities company.
hat the scheme embodied in it's organ
cation Is successful evasion Of our con-
'titution and laws. but until the court of
asst resort has sanctioned such an or
SANITATION and it's purpose, no such con-
urgency ought to be accepted for a
moment.
Hon. James Donovan, attorney general
IF this state, assures me that he is op-
posed to this invasion of the constitution
and laws, and will, am confident, render
assistance in whatever proce- !
lure may be decided upon.
I regret that my engagements are such
Is to prevent fixing time or place where
We can meet and confer as suggested in
your letter, but as soon as I can arrange
for this I will advise you. Yours truly,