The age-herald., 1902-03-11

the Northern Railroad Company. trans ferred to the Northern Securities Com pany large majority of the capital stock of the Northern Pacific company upon the agreed basis of exchange of $115 par value, of the capital stock of the Northern Securities Company for each share of the capital stock of the North ern Pacific Railway Company. Thus combination or conspiracy in restraint of the trade or commerce formerly carried on by the defendant railway companies independently and in free competition is in operation to the great and irrepairable damage of the people of the United States in derogation of their common rights and in violation of the act of Congress of July 2, 1890. entitled An Act to Protect Trade and Commerce Against Unlawful Restraints and Monopolies
 Have Withheld Capital Stock.
 "1f the defendant, the Northern Se- curities Company, has not acquired a large majority of the capital stock of the Great Northern Railroad it is be- cause the individual defendants and their associates, or some of them since | it became apparent that the legality Of | their combination would be assailed in | the courts, have purposely withheld or
 
 of the capital stock of said Great North ern Railway Company to conceal the real scope ard object of the unlawful combination or conspiracy and to deceive and mislead the state and Federal au- thorities, and to furnish ground for the defense that the Northern Securities Company does not hold a clear majority of the stock of the Great Northern Rail- way Company.
 fsThn Mort horn Securities Comnanv wa not organized in good faith to purchase and pay for the stocks of the Great Northern and the Northern Pacific Rail- i way Companies It was organized solely to inc orporate the pooling of the stocks | of said companies and to carry into eff | feet the unlawful combination or con- | spiracy aforesaid.
 If the government fails to prevent the 1 carrying out of this combination con- spracy not only will virtual consoli- dation of tw, competing trans-continen-
 tai lines, with the practical pooling of
 their earnings. be effected and a mo- l nopoly of the interstate and foreign commerce formerly carried on by them as competitors be created but thereaf-
 ter available method will be present. ed whereby, through the corporation
 scheme of device aforesaid. the act of
 Congress of July 2, 1890, may be crcum- l NeiitSu SSl dI dlu all lIdHS- | continental lines-indeed. the entire rail- l way systems of the country-may be ab- | sorbed. merged and consolidated. thus | placing the public at the absolute mercy 1 of the holding corporation
 Injunction Prayed For.
 The petition prays that the Northern Securities Company, its stockholders, of- ficers. etc. be perpetually enjoined from purchasing. voting. etc, any of the shares of the capital stock of either the North ern Pacific or Great Northern companies | and that mandatory injunction may issue requiring the Northern Securities | Company to recall and cancel any certi- ficates of stock issued by it in purchase of or in exchange for any of the shares | of the capital stock of either of the said railway companies. surrendering in return | therefor the certificates of stock in the respective railway companies in lieu of which they were issued. It is also asked that the defendants, the Northern Pacific l and the Great Northern Railway Com panies, their officers, stockholders, etc.. | be perpetualy enjoined from in any man. | ner recognizing or accepting the North 1 ern Securities Company as the owner or holder of any of the shares of their capi- | tai stock. etc.
 The petition is signed by Milton D.. | Purdy, attorney of the United States for Knox, attorney general of the United | States, and John K. Richards, solicitor
 general of the United States.