Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-07

''N'''''b N'lii "NHs is--AlNNt-htIs WAL
lace -, Douglass Of Minnesota filed to-
day in the United States Supreme Court
The bill Of complaint In the case Of
the state Of Minnesota, complainant.
against the Northern Securities COM
pany defendant
II is a long document, about 10000
words, covering 80 pages Of printed
matter, The bin first points out the
direct interest the state has in the
proposed consolidation. II still owns
more than three million acres Of public
land, valued at more than $4,000, 900,
and trayersed In part by the lines Of the
Great Northern and Northern Pacific
railroads If the merger Is effected,
these roads viii cease to build spurs
into these lands or compete for their
business, The value of the lands viii
not increase as 1t has under the spur
OF competition and the state viii lose
I'D the taxable value of its property
The lands VIII not be opened for years
ana Development will be arrested. IL
" next SET 40 that the state expends
more than 100000 annually I'M the
operation and maintenance OF its edu-
cational, charitable and other public in
slituuons that this Is mostly raised
by direct taxation. that the amount
which can be raised and the successful
maintenance Of these institutions for
the benefit Of It's citizens depend large
~ on the value or the real and per-
sOnal property within the state. which
IN turn depends largely on free railroad
competitions II has been the settled
policy Of the state 10 encourage rail
rOal building by grants OF lands and
In this way over l05OO000 acres have
been granted. nearly all Of which has
been granted 10 the Great Northern and
Northern Pacific, and their subsidiaries
The complainant alleges that the rates
on the immense shipments Of wheat
and other merchandise over the lines
OF the two companies have been lower
than they will be under any arrange
ment which contemplates unity Of con-
troll
CHARTERS REC1TED.
The bin then recites the charters and
interpretations under which the Great
Northern operates over 500 miles OF
road and cites the clause IN It's charter
providing that It's affairs are TO be con-
Quoted by a board Of directors which
Is "a do all things necessary "and not
inconsistent with the constitution and
laws Of the United states or the laws Of
this territory or this act
II is further alleged that James j.
| Hill holds controlling interest in the
Sl25 900, 100000 Of capital stock.
The history and character OF the
Northern Pacific are similarly recited,
special attention being paid TO the
roads acquired and built within the
state by filing Its articles Of incorpor-
alton In Wisconsin with the Minnesota
authorities the Northern Pacific be-
came subject 20 al the laws, regula-
lions and provisions of Minnesota. The
facts as to the present personnel Of the
directory the insolvency OF the old
company and It's reorganization In 1898
the purchase OF the Sc Paul and Du-
luth road In 1899 are recited at length
II is set up that the lines Of these two
systems are not only competitive be-
tween points within Minnesota, but
that they furnish the only competitive
lines between Minnesota and Puget
Sound and have so furnished for eleven
years, They are also with an eXcep-
ton the only lines traversing northern
Minnesota
A paragraph Is devoted TO the Bur-
lington and the facts as TO the terms
on which It's control was obtained by
the two systems jointly, Charles H.
Perkins It's former president and pres
ent director being a director in the
Northern Securities company The
certificate OF incorporation Of the lat
ter filed in Now Jersey November 49,
1901, IS quoted In full.
COMPANY's ORGANIZATION
Taking ~ the Northern Securities
company il Is set forth that II was or
ganized by j J llill W, =, Clough
J. Pierpont Morgan and other assoc
ciates TO the oratriX unknown who
at the time, We're continually IN con-
ference over means by which the laws
OF Minnesota might be successfully
eyaded or avoided, and that it was so
organized solely for the purpose OF eff
fectng q consolidation Of the Great
Northern and Northern Pacific The
owners OF a large majority Of the stock
Of the two systems had agreed before
hand TO transfer 20 the new company
Go per cent Of the stock OF the two sys-
tens ON terms which are set forth IN
fun and 10 retire the preferred stock OF
the Northern Pacific. In further0nce
OF the plan 20 eylde the laws of Min
nesota Il was agreed that, pending the
delivery Of the stock 90 the Northern
Securities company q should an be
turned over 20 j. D. Hin.
or be- under his control The Northern
Securitiee company IL is charged. does
not intend 20 purchase this stock. but
SIMPLY 90 issue its own stock In ok
change therefor For these unlawful
purposes the company Is about to re-
ce.4e. unless enioined ihercfrom. an
ths capital stock Of the Great Northern