The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1902-02-14

or things designed to protect, preserve
improve or enhance the value Of any
such bonds or other securities or evil
@dences of Indebtedness, or stock.
These powers are as broad as language
can make them, and authorize the NORTH
ern Securities Company not only to vote
the stock of the Great Northern and
Northern Pacific Railway companies, and
thus exercise all the powers and priv
officially empower the corporation to- do
any acts or things designed to enhance
the value of the stock of the companies
mentioned which, of course, includes the
right to increase freight rates directly,
or to change the classification of freight
so as to increase the rates.
Knowing that several other states in
addition to Minnesota would be affected
by this consolidation, and that the sde-
clared public policy of such states,
through constitutional or legislative pro-
Visions was similar to that of our state,
I deemed it wise to call a conference of
the governors and attorneys general of
the states through which these lines OF
railway pass, in order that such method
of procedure might be adopted as would
be uniform. This conference was held at
Helena, Montana. There were present
the governors and attorneys general not
only of our state. but of Montana, South
Dakota and Idaho, and the attorney gen
eral of Washington. The governor of the
last named state died just prior to the
successor, Gov, Mcbride, was unable to
attend. Governor Mcbride, however, has
since, in published interview, called the
attention of the people of his state = to
ton of these two companies. The con-
ference was harmonious throughout, and
that the official representatives of the
various states were wholly in sympathy
with the action of this state and it's de-
termination to oppose this consolidation,
is shown by the following resolution
which was unanimously adopted:
''In our opinion the consolidation, or
threatened consolidation, of the Great
Northern, Northern Pacific and Burling-
ton Railway systems in the several states
through which they run as parallel and
competing lines is contrary to sound pub
lie policy, and also, with the exception
of Idaho, is in. violation of the constitu-
ton or laws of said states. and mindful
of the obligation which the law imposes
in such cases upon the officials of the
several states here represented, we here
dorsement to any proper and suitable
proceeding which may be instituted in
any court having jurisdiction by the SOW
state affected thereby designated, de-
signed and intended to speedily and fin
ally test and determine the validity OF
such consolidation, or threatened CONSOLE
dation; And, further. we unanimously
protest against any combination or con-
~solidation which restricts or stiles free
e co. in the trade or commerce OF
I, 1t was determined owing to the import
ance of the case, and for the purpose of
getting the matter disposed of at as early
date as possible, to bring the suit in
the first instance The question of orig
inal Jurisdiction in that court was argued
on January q, 1902, by Attorney Genera!
Gil, Hon. M. d. Mum. The application
to file the bill was opposed by the North
ern Securities Company, and some of the
ableSt corporation lawyers in New York,
New Jersey and Pennsylvania appeared
in behalf of that corporation. If the SUI
preme court does not take jurisdiction
it is the intention of the attorney gen.
courts. and every effort will be made to
speedily have the case reached. in the
court. of last resort, where it must finally
nor any other company, combination, con-
solidation or trust shall violate the laws
of our state if it can be prevented. =,
What the final decision will be it is
difficult to foretelI; but it 2does not seem
possible that "a New Jersey corporation,
no matter what it's capitalization; will be
permitted to violate the laws of the SOW
decision; should be against the state the
battle is not then lost. There is one
remedy that, never fails and which is
more supreme even than the. supreme
er in an address made at the bi-centennial
of Yale College, in which he said, speak
ing of trusts and the inability, Of, the
courts to crush them, Appeal must be
ion, whose. DEGREES are Irresistible. IL
that court every i!;sx man an is counsel and
tits: a plea sure, to commend Attorney
General Douglas for the able and eff
cient manner in which he has endeaVored
to vindicate our laws. I learn from him
that the ehaetments upon our .statute
books, and which are quoted above, @are
ample and that no additional legislation
is required at this time, but if, during
your session, any further legislation
should be needed will Immediately COM
municate such fact to- you. While you
have been called together solely for the
purpose of considering the tax code, yet
in view of the extraordinary expenses at
tending this suit, and the great array of
legal talent in opposition i would suggest
that a sufficient sum of money be placed
at the disposal of the legal department
to employ associate counsel to properly
continue the litigation and meet the eX-
penses necessarily connected Herewith.
: Before closing L desire to congratulate
you upon the splendid record made dur
ing the last session. You received, and
Justly merited, the approval of the people
of the state. Your acts were. uniformly
in the interest of the commonwealth you
so Loyalty represent. 1 doubt not that
your deliberations and acts during this
Session will be equally meritorious and
that you will again receive the approval
of a grateful public.