The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-07

prohibit consolidation of parallel, or
competing lines, and the law of 1874 in
which such prohibition is made, is quo
ted in full as well as the simplifying
act of 1881 and the antitrust law of
1899 prohibiting any combination in re-
straint of trade.
It is set up that the Northern Sc
curities company is a railroad corpora
ton within the meaning of the Mime
sofa lawSand thatits design is to evade,
escape and violate these laws in such
way as to cause the state 'irreparable
injury"
OWNS NO PROPERTY.
1t is not the owner of any other prop
erty, or stock or securities, and is en-
gagged in no other business save that of
management and control of the Great
Northern and Northern Pacific Already,
SO it is alleged, J. J. Hill, as president
of the Northern Securities company, has
dictated, changed and controlled the
policy of the two constituent roads, and
during December, 1901, it is alleged, the
general managing officers of the Great
Northern, acting under his direction,
took charge of and are now engaged in
managing a large portion of the busi-
ness of the Northern Pacific. 1t is al
legged that it is the settled policy of New
Jersey to allow the consolidation of only
such railroads as are or can be connect
ed to form continuous lines, and not to
permit the consolidation of parallel or
competing lines. The oratrix, claiming
to have no other adequate remedy or re-
that the defendant be required to show
cause why it should not be perpetually
enjoined and restrained
F'irst-From voting at any meeting
of the stockholders of the Great North
ern and Northern Pacific the capital OF
these companies, and from attending
in any manner such meeting.
Second-From aiding, advising, inter-
fering with or in any way participating
in the management of the two systems.
Third-F'rom permitting any of its
officers, agents or servants from acting
as representative, director officer or
management or direction over the
same.
Fourth-From making any arrange
ments or combinations having for their
object such joint control
Fifth-From holding, owning or con-
trolling any of the stock of either COM
pany, the defendant company being re-
quired to reaSsign or retransfer all such
stock to the person from whom it was
received, taking in return it's own stock
issued in exchange therefor, and mean
while to be enjoined in all respects in
relation to said stock as hereinbefore
prayed for
Sixth-From receiving any more stock
of the two companies in case it shall ap-
pear that the defendant company has
not yet acquired a controlling interest
in either.
Seventh-The oratrix prays permis-
sion to amend the complaint If neces-
SdI-y anu DI1IlS III OlucF pdIll0S lot lH-
purpose of giving force and effect to
any decree of the court. and asks the
court to issue a subpoena against the
defendant company and set a day for
the hearing.
Besides Attorney General Douglas, NJ
D. Mum, of st. Paul, and George T.
Wilson, of Minneapolis, are named of
counsel.
The proceeding in the court was very
brief.
Attorney. General Douglas was recog-
nized as soon as the court was conVen-
ed and he then moved for leave to file
and present a bill of complaint on the
part of the state of Minnesota against
the Northern Securities company
Chief Justice Fuller asked If notice had
been given to the Securities company
and being informed in the negative,
said there was no rule requiring such
notice. He added: I'VE will take the
papers"
Mr.. Douglas handed in his bill of COM
plant and also a brief citing authori-
ties. The attorney general and his as
sistant consul, Messrs. NJ. D. Mum and
George p. Wilson then retired. The
court took the motion under advisement
as usual in such cases and will give it's
decision in due course Of time