The Washington times., 1902-01-08
Bill Of Complaint Filed in
the Supreme Court.
BEGINNING OF A BATTLE ROYAL.
Case Entitled the State of Minnesota
Apninst the Northern Securities
Compnny-tttorney General Doug
las and Marcus ID. Mum Appear
for the Commonwealth.

made by the State of Minnesota in the
legal proceedings against the Northern
Securities Company. The proceedings as
presented to the Supreme Court were
simple and unostentatious. There was no
more formality than would transpire in
filing any ordinary motion.
The ReginninE of Struggle.
The appearance in the Supreme Court
of Attorney General Douglas of Mime
sofa, Marcus d. Mum and former At
torney General Wilson in behalf of the
State of Minnesota is the beginning of
battle which promises TO be the most in
teresting and far-reaching of any that
has engaged the attention Of the Supreme
Court in recent years.
The results are of more consequence
and Importance to the people of the Unit
ed States than any like legal proceedings
ever brought in the Supreme Court or
any other court of the land where similar
issues have been involved. Aside from
the purely legal questions that must
be considered first in the preliminary con-
test there looms up a political issue
which Will by the very action taken force
itself to the front for settlement at the
hands of the people.
Trust Querttons Again Prominent.
The fact that the State of Minnesota has
challenged the legal right of these great
lines of competing railroads to consoli-
date and place the operations ard con-
troll under one head brings the trust
question prominently to the front, and for
this reason Washington has awakened to
the situation, and there is a great inter-
est taken in the action of the legal rep
resentatives of the State.
A Complicated Case.
The Minnesota anti-merger case which
has been so quietly presented to the
Supreme Court brings a hundred direct
and collateral questions to the bar for
adjudication.
Character of the Suit.
The bill of complaint recites that the
Northern Securities Company is corpor-
alton organized under the laws of New
Jersey: that the State of Minnesota has
left undisposed of 100000 acres of pub
lie land, valued at SIS, 600, 900, much of
which land is located in the territory
traversed by the Great Northern and
Northern Pacific Railways; that the
value of said land depends in large
measure upon free competition in rates
over the lines of railway owned by these
companies.
State Dependent Upon Competition.
The value of the property and the pros
perity of the State depend upon main
tanning free and unrestricted competition
between the railway lines OF the two COM
panies mentioned. 1t is recited that the
State has made from time to time valu-
able land grants to railroads and that the
people of the State have received lower
rates for freight and passengers under a
system of competition than will or can
be obtained in case the consolidation is
not enjoined
The history of the roads in question
and their consolidation. as well as the
organization of the Northern Securities
Company, is given in detail, the latter, 1t
is oo1tended, being solely for the purpose
of accomplishing the designs Of Messrs.
James J. Hill and ]. Pierpont Morgan and
associate stockholders to consolidate the
powers and franchises of the Great
Northern and Northern Pacific.
This purpose is declared to be unlaw-
full, the agreement and consummation
thereof IN restraint OF trade against pub
lie policy. and void
Plaintiff declares that It tends to create
a monopoly in railway traffic in Minnesota
and deprive the State of the privilege of
competition; that the settled policy OF
Minnesota is against such consolidation
and that great permanent and irreparable
damage would come to the State because
of it,
Want Many Things Enjoined.
The State therefore prays that the de-
PENDANTS may be perpetually enjoined
from voting or controlling the stock of
either OF said companies.
From advising in or interfering with
the mana cement of the roads.
From performing the duties of directors
of the same:
to tn management or control OF the
roads.
From holding the stock, which the
plaintiff asks the court TO compel them to
reassigD TO those from whom it vas re-
ceIved.
From acquiring stock of the other road,
II the stock held be but OF one.
Supreme Courts Jurisdiction.
The Jurisdiction of the Supreme Court
OF the United States is invoked on section
2, Article Ill of the Constitution of the
United States, which vests in the Su-
prems Court of the United States original
Jurisdiction in actions by a State against
q sister State as well as against indi-
viduals or citizens of other States.
Minnesota asserts the action is brought
in the name OF Minnesota in it's sovereign
and in its individual capacity to protect
its proprietary rights. This applies to the
ownership of schools etc, in the State.
While this proceeding is brought by Min
nesota alone, the States through which
the railway lines extend-Montana Idaho,
South Dakota, and Washington-may in
terplead later. This was decided at the
recent conference of the Governors OF
those States held at Helena, when they
pledged their support in seeking to en-
Join the consolidation intended by the
Northern Securities Company
Suit Not Yet Formally Brought.
In allowing the papers in the case to
be fled with the clerk the Supreme Court
does not assume that the suit has been
formally brought.
Formal acceptance of the bill OF com
plaint as part of the records of the court
will not be made until the court decides
On the motion of the attorneys applying
for such action;
Tho court will have TO determine the
question Of Jurisdiction before IL can hear
the case on its merits,
81 100000 for New York Postomce.
Senator Platt of New York yesterday
introduced bill appropriating s2,sOo,0J0
for new postofice building for New