Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-12-31
y. Elliott FOrblds Retirement Of
Preferred Stock
nrLDyIOLATEAG
=, Brought by Peter Power-sult
Y" s,,syed 20 Have Heen Brought
IN IIarrIman's In'eres.

,oopolis Dec. 30,--Judge Elliott OF
a,,rlet court OF Hennepin county
n granted a temporary order re-
.tng the officers Of the Northern
a ''as railway company from retiring
.,oterred stock Of that company
,-der was issued on the application
o,ey Power Of New York, who holds
"A ,,res of the common stock. II was
Sod that the failure Of the action
"A ',bt in New York by holders OF pre-.
4 \ stock cleared away the last OBJ.
4 M 10 the retirement of the pre-.
n on January l, leaving the Hill
4 icsts free to act
d IS HARTMAN INVOLVED?
n 4. inferred, although 1t does not so
a ,nSr that the present action Is
3lnoht In behalf OF the Hartman IN.
4 ,ass 10 prevent the control passing
M ont Of lis hands for another year
4 nnhl the legal standing of the North.
\ Securities company Is settled.
4 %bs claim set up by Mr. Power in his
I'M, h that the retirement of the pfe.
r,sd stock Is In violation Of the agree
AMI mat such retirement would lay
A additional burdens upon the common
4, ,SE and he holds that the certificates
4 adventure bonds to be issued 10 et-
4 N me retirement OF the preferred
H. would become a lien upon the
5cmmon stock and thus work an injury
q bis property
INDEPENDENT STOCK.
n Is understood that the block Of 100
hires held by Power IL the only block
II common not hitherto controlled and
is6nIteIy located upon one side or the
I,her t6e Hartman people or the Hill
Eorean interest. The restraining order
I'M moi only be served on the officials
4 Minnesota but viii be photographed to
kew York and served on the officials
here >eu,
The Injunction restraints the Northern
pacific Railway company from Issuing
n selling any certificates Of Indebted
hess or debenture or other evidence OF
or creating any indebted
less OF liability for the purpose of rails
hr money with which to pay or retire
|he preferred stock Of the Northern "a
Inc Railway company or any part
hereof, or from using or appropriating
Inv moneys or proceeds other than the
brdInary or surplus net earnings of the
Northern Pacific Railway company to
he payment and retirement of the pre-
|erred stock Of the company or any part
hereof and also from creating any in
lehtedness or liability other than the
t,duary Indebtedness or liability for
Epeatng expenses Of its railway sys-
|em and the indebtedness and liability
low existing which would be prefer
(nc or take precedence OF the common
)tOck Of said company.
NORTHERN SECURITIES co.
Also from placing It's property, or any
kan thereof, or the management Of It's
bllyay system or any part thereof, in
De possession or under the control
|liher directly or indirectly, of the
Northern Securities company; or from
|nterng into any agreement or ar
Fngement, either directly or Indirectly
Erough the medium Of the Northern
Feurltes company, or otherwise with
Ls Great Northern Railroad company,
Pc Chicago Burlington & Quincy com
Ehy or either Of them for the purpose
causing the railway system owned
~ controlled by the Northern Pacific
|lpany to be operated in connection
I'm or under the same rules or by the
kne authority as the Great Northern
tANway company and the Chicago,
fNllston q Quincy Railway company
either Of them; or from entering into