The Minneapolis journal., 1902-09-30
IAN EMPTY VICTORY
Weidenfeld Permitted to Intervene
in Power Case, but the Ac-
tion is Dismissed.

: - =
| tion is Dismissed.
In To-day's Arguments Lambs For
mer Associate Counsel Calls
Him Hard Names:
49,
Late this afternoon Judge Amidon Of
the United States district court, in the
anti i-merger case OF ePter Power against
the Northern Pacific railway COM
pany, In which Camille Wei
! denfeld Of New York sought to intervene,
decided to permit the intervention, but
also dismissed both the original bill and
the bill in Intervention on the ground that
| the Northern Securities company should
have been represented and that neither
Power nor Weidenfelds were in a position
to demand a decree upon the merits Of
| their complaints.
Two new aspects Of the proceedings now
in progress before Judge Amidon In the
United States district court at the federal
building, to enable Camille WeiA;nfeld of
New York to intervene in the anli-merger
suit of Peter Power against the Northern
Pacific Railway company, were developed
this morning. One was the abrupt change
of front on the part of the defendant COM
pany- Yesterday Attorneys Bum and
Kellogg, interposed for the defense but
slight objections to the intervention. They
listened without protest, to a long. argu
ment by Attorney Boutelle representing
the intervenor, on the merits Of the case.
But this morning their efforts were dir
ected solely and persistently towards
showing that Weidenfeld was entitled to
no standing beforeathe court, that he was,
a conspirator and a barrator.
The other development more to be ex-
pected was the counter charge of treach-
cry made by Weidenfeld and his attor-
neys against Peter Power, !, the original
plaintiff, and against. his principal attor-
ney, George Alfred Lamb EAs.ozMessrs.=
Power and Lamb In New York had: thrown
all blame for Irregularities upon Weiden-
field, so Weidenfeld declares now that he
was grossly deceived by Power. and by
Lamb. i:Aed, ~ - -. ..s
The court also intr5duced the question
whether an action Involving the legality
OF the Northern Securities company could
be adjudtcated without the appearance Of
that company at the trial. Mn this doubt
Judge Amidon was Influenced by the de-
c1sion of the federal supreme court, when
1t denied it's Jurisdiction in the suit
the Northern Securities company. ..<
Mr. Kellogg, with something of the
! manner and tone of prosecuting attor-
ney, arraigned Weidenfeldf as IAN instiga-
tor of vexatious litigation,'';a a mere bar
rator,' and quoted decisions as to barra-
try and 4champetry. .S I ,'s::3sst.r2 u. m;
The court inquired to- whom had be-
longed the 100. shares of Northern Pacific
stock the certificate for which had been
carried from New York to Chicago pinned
! upon the undershirt of one Captain
Stern. -.
~. Bulkley Calls Names. Nv -. .
Mr.. Kellogg said this stock was Weld
enfield stock which Power had falsely
| claimed
But Mr.. Bulkley- explained: want the
.cour to kha5aw flow that Both Mr.. weidenfeld
and the attorneys Tor for Power, except
Lamb were all decefved by Power and
by that rapscallion Lamb Over and over
again both Lamb. and Power declared to
us and to Mr.. Weidenfeld that Power was
me Hertbepn bona Pas Pass Svgsr so 4S9 shares of
taken,sto. Chicago 'by captain Stern did
belong TO-: Mr.4fWeidenfeld. ctBut it was
taken there: to a conference Of the attor-
| tneys In the Power case, "a conference: that
| l. attended. at was latter the Injunction
sought hadf been iLdissolved., 0Thequestion
/ was what additional proceedings ishouldgbe
!begun,;cH any. =; I:sadvised- that the suit
| shouldisbe brought ubyt some stakeholder
owning not less than $500 shares. This
WoNld give the plaintiff a better standing.
Thereupon Captain E Stern, produced his
certificate and satds. ,'Well5 my principal,
meaning Mr.. Weidenfeld, can't bring
| that suit He hast only got 100 shares
friends to act who. had any amount of
! stock, and the conference closed with the
understanding that-.Power was to tele-
graph us from New York the names of
| such friends, one Of whom might inter-
vene. But of course he never named
those friends. Still it appears that even
then Mr.. Wetdenfe1d was thinking Of in
tervening and had sent Stein on for that
| purpose r ~ fg.i.,' ..s,s.a,g5.. =,
| Mr.. Bulkley criticized the defense for
changing its attitude this morning and
questioning the Intervention after Mr..
Bum had expressly announced yesterday
that he was quite willing to try the case
upon its merits. 81 think. added the
}Chieago lawyer, tsthat the defense is
adopting the old95trick Of trying the
plaintiff. They. talkEof- a. strike case,
a 'hold-up case. Iinever heard the terms
before they were introduced in this suit.
| imagine they came, from Wall street.
| Wall street, no doubt, believes that a
strike case,',. hold-upS case,' con
spiracy' is any attempt by anybody to in
terfere with any scheme of J. P. Morgan
and his associates. !" yze: ~ go
@ Qualifications zPIarntIff. ~ So. - q
Mr.: Boutelle and Mr: Bulkley made. ex- (.
tended citations, especially from English
jurists, and, among others, from Lord
Chancellor Cairnes, whom Judge Amidon
styled "the great authority upon the
subject, to prove that it was not per-
m1ssible to question the motives of a
plaintiff stockholder in an action like the
Power case. The only thing that the
plaintiff must prove is that. he Is a bona
hde stoclkholder.
Judge Arnidon, thought that this might
| be true as respected motives of private
revenge, but he didn't know whether the
argument would apply to a case wherein
| a stockholder first maintained, the. pre-
tended suit of an impostor and thea, when
that plan failed, sought to succeed to the
/ imEostcr's original rights.
4 Mr.. Bulkley replied that this was an
assumption as to eMr. Weidenfelds atti-
tude. AS a matter Of fact, although he
! had contributed, as he had an unques-
toned right to contribute, towards the ex-
penses OF the Power suit, he had done
nothing else that could be criticized. At
i least the sole authorities for many ALE
4 cations Of wrong on the part of Weiden-
field were Power and Lamb. They were
trying to save themselves. But they had
attacked not only Weidenfeld, but Bourle
Cochran, Genral Thomas and other we'll
i t..