The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-11-26
HAVE G DEFENSE.

lAuuCC Jul 6oNSl ~ w $4,000 SNO
first advance.
HAVE LEGAL DEFENSE.
Minneapolis Journal: One of the
ablest lawyers in the state, speaking
yesterday of the legal phase of Mr..
Hills big railroad consolidation
scheme, said: ut is a we'll establish
ed principle of court law that that
may not be done by indirection which
cannot be accomplished by direct
methods" In other words the courts
will consi! Ter the intent of h law,
especially when great public interests
are involved.
Mr.. Hill has been defeated once in
his attempt to consolidate the Great
Northern and the Northern Pacific
by direct methods The court said
that the constitutional and statutory
provisions against the consolidation
of these two companies within the :.
state of Minnesota were valid and a
complete bar to the then proposed
rlan. Now it is intended to bring
about the same result, but in another
way. The direct method failed; the
question is whether it a be done
by indirection.
Governor Van SAINTS prompl and
courageous action is attracting SER
ious attention in New York, where
the promoters of this consolidation
scheme are endeavoring to carry out
their plans. Public sentiment through
out the northwest has responded very
promptly and emphatically in support
of the governors action, and while
there is reason to hope that the con-
s%olidation plan may be defeated in
the courts, it is apparent that public
sentiment against this undertaking
will not be satisfied by failure there,
but will insist upon the employment
of al the power of the people through
their legislatures in preventing the
establishment Of the treatened mo-
nopoly of transportation facilities.
The promoters Of this undertaking
know well enough that they are an
tagonizing public sentiment as well
as defying public law. They have no
right, therefore, to complain il their
resort to- peculiar methods in order
to evade public sentiment and public
law are met with peculiarly vigorous
legislation. In the present temper of
the people of the northwestern states
49, -e1,al:Js4;~ $40 thai os1.., -
prevent this consolidation in the
courts, if that should be the result,
will be followed by legislation which
will make the consolidation exceeding
ly Improbable. .I. "
One consideration which contributes
largely to this sentiment is the immi-
nent danger that not only will this
consolidation include the railroad lines
already gathered in, but that it is very
likely to bring under the same control,
in the same way, the Canadian Pacific1
and with it the $780," While the
consolidation of the Great Northern
and the Northern Pacific might not
be as disastrous as some have feared,
the gathering in of the $500" would
produce a situation which every bus
mess man in Minnesota, and, partic-
ularly in Minneapolis and st. Paul,
can fully appreciate. And if the con-
solidators can grab $4,000 miles of
railroad they can easily pick up five
or six thousand more in order to make
their monopoly complete. +
The railroad consolidation scheme,
and the action of Governor Van SAINT
with respect to it, adds strongly to the
probability of an extra session of the
legislature. The governor has indicat-
ed his purpose not only to appeal to
I the courts, but in all probability to
the legislature also.
, Compared with the valuation per
mile which the Northern Securities
t company places on the Northern Pa
cifc and Great Northern railroads