The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-07-17
MERGER CASE
IN COURT
State and Defense Make Con-
cessions in Stipulations
Filed To-day.
Same Evidence May Serve in
State and Federal
Suits.

Honors were even to-day ir the suit
of the state of Minnesota against the
Northern Securities merger.
stipulation was filed in the United
States circuit court at St. Paul, signed
by all the attorneys The state agrees
to withdraw its motion to remand the
cases to the district court Of Ramsey
county.
On the other hand. counsel for the de-
Tense waived the question of jurisdiction.
and withdrew their motion to vacate the
service of summons upon the Northern
Securities company and James J. Hill as
Its president.
The merger attor neys will enter gen.
erel appearance for all the defendants
named en- the next rule day, the first
week in August. They have thirty days
after that in which to file their answer.
The state has a corresponding time in
which to reply and then the issue will
be Joined. Before the end Of September
the case will reach point where the
state can move for the appointment Of
q commission to take evidenced.
Co-operntion With Gen. Knox.
Before that time Attorney General
Knox will have entered into stipulation
with the merger attorneys relating to
his action, brought under the antitrust
laws. This will be an agreement to have
@ designated attorney appointed as COM
missioner to take evidence in the case.
Negotiations are pending by which The
game evidence may be largely used in
both cases. Whatever testimony Is
brought out in the antitrust suit that
will be material to Minnesota's suit will
be accepted and made part of the record
In the latter action. This will save much
time and expense. 1t will take two or
three months to complete the testimony,
sid neither case can reach argument be-
fore the first of the year.
Counsel for the state are well salts
fed with the arrangement entered into
to-day The federal court is more strict
as to Jurisdiction, but that point has been
disposed of, unless raised Independently
by the court. The federal court IS
much better forum for trying such
question and securing testimony. The
fact is that each side had wholesome
resi- ect for the others contention, and the
action to-day is a satisfactory compro-
mise leading up to a speedier solution. II
Concessions Both Ways.
The languege'<of the stipulation is in
part as follows: = '..... ..4H
: First-The plaintiff stipulates and agrees to
waive and abandon its motion to remand said
cause and consents that said cause be tried
and determined by this court.
The defendants, Northern Securities COM
pany and James J. Hill its president,
stipulate and agree to waive and abandon
their said motion to set aside the service of
the summons upon them respectively, and to
enter a general appearance in this court in
said cause, and they consent to the trial and
determination Of said cause by this court.
The plaintiff and all the defendants mutu-
ally stipulate and agree that they will not at
any time question controvert the jurisdic-
ton of this court to hear, try and determine
said cause and all the issues of fact and
law involved therein, or its jurisdiction over
the parties thereto.
It is further stipulated that if a. any time
the court shall raise the question of jurisdic-
ton and remand the case to the district court
OF Ramsey county, the record of the case in
the federal court shall be made the record 10
the state court, and the defendants, the
Northern Securities company and James j.
Hill, shall then have the right to move for
vacating the service of summons upon them
The signatures to the stipulation are W.
B. Douglas and George P. Wilson, coun-
sci for the state; Young & Lightner,
solicitors for the Northern Securities
compauy and James J. Hill rs president
and for lanes J. Hill individually; M. D.
Gro1 err solicitor for the Great Northern
c. w. Bum and Frank B. Kellogg, So
licitors fer the Northern Pacific.