The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1902-01-08

Hill or be under his control. The
Northern Securities company, Il is
charged. does not intend to purchase
this stock. but simply to issue it's own
stock in exchange therefor. For these
unlawful purposes the company is
about to receive. unless enjoined there
from. all the capital stock OF the Great
Northern and Northern Pacific. This.
II Is claimed. Is part OF a plan OF Hill,
Morgan and their associates, whereby
the two systems
Are to Be Consolidated
and placed under the direction OF one
man or board OF directors through the
, defendant company. and thus bring
about and perpetuate monopoly In
railway traffic In Minnesota and a
complete consolidation OF the two sys-
tens. One man or board will thus. ii
IL alleged, be enabled to fix all rates
On lines Of the state. determine what
trains shall he run. remove al! compe.
tition. and prevent the building of
lines Into new country or into competi.
tihve territory. This agreement and
the consummation thereof IL claimed
10 be IN restraint .. trade. against
public policy and void Under iss
terms the directory o! The Northern
Securities company may change rs
own rules O. may delegate all i's al
ihoiiiv 10 an executive committee.
Is pointed ont that Hi. the president.
w. i. Clcurh. tn. vice president and
r. T. Nichols the treasure a.a soc
rssary Of the COMPANY were Al ~ the
date cf lis organization. officers cf the
Great Northern and fha, majority 6
s's directors were also directors II ihs
Northern fac.fc II has hseu The set
tied f'clicy of the state - rfchihi' con
| soliJa,ion ct parable, - competing
| lines ard the law Of ,>.. in which
such prohibition il rnade - quoted n
| full a well rs The amp.t.y.re act !.
1881 and the antitrust Law O: 1899
| prohibiting any combination in re
| strnint OF trade II - sei np that tie
| Northern Securities COMPANY Is raj
road corporation within fie meaning
| OF the Minnesota laws ard fha' ;s Dc
sicn IL TO evade escape ard violate
| these laws In such Il wa, n 60 cause
! the state "irrepara,,lr injury" II is
| not the owner cf any either property
| or stock or securities and Is engaged
! IN no other business saw. that Of man
sgcmerf and control Of the Great
| Northern and the Northern Pacific.
| Already. So II Is alleged. James J. Hill.
rs president of IN. Northern Securities
company. has dictated. changed and
! controlled the rolcy ~ The two con
stiiuen; roads and during December.
| 1901 IL IS alleged. the general manag
| ing officers ~ the Great Northern. act
| ing unear his direction took charge
! of and are now engaged in managing
large no-,sun q! III. business of III.
! Northern Pacific II is alleged that
| II Ia ;..a settled policy of New Jersey
To AIlow the Constellation
! ~ only such railways rs are. or can
| he connected 10 form continuous lines
. and not To- permit the consolidation OF
| parallel or competing lines. The or.
afrix claiming 10 have ro other aee.
quate remedy or relief. except as pray
| cd for In equity. asks that The defend.
F, an, b. required Ia show cause why II
should not BE- pcrpctualiy entoinea
and restrained.
Firsi-Frcn voting NJ any meeting
| of the stockholders or the Great North
crn AMI Northern Pacific tho capital
stock of these companies and from at
| tending In any manner such meetings.
Second-From aiding. advising. in
/ ferfering with. or in any way parfici.
pat!ng in the management OF the two
| systems.
Third--From permitting any Of its
| officers. agents or servants from acting
as representative. director. officer or
| employe or exercising any control
maragemert or direction over the
| same
Fcurfh-From making any arrange
| mcnts or combinations having for their
| object SUI" Joint control.
| Fifth .om holding. owning or con-
| trolling any of the stock Of either com
| pany. the defendant company being re-
| quircd 10 rcassign or reiransfer all
such stock 10 the person from whom II
| was received. taking In return its own
stock issued in exchange therefor. and
| meanwhile to he enioined in all re-
spccts in relation 10 said stock as here
| n-hefore prayed for.
Sixth-From receiving any more
stock Of the two companies. in case II
shall appear that the defendant com
pany has not yet acquired a CONTROL.
ing interest In either.
Seyenth-The oratrix prays permits
sion 10 amend the complaint II neces-
| sary and bring in other parties for the
purpose Of giving force and effect to
any decree of the court. and asks the
courts 10 issue a subpoena against the
defendant company ana set day for
| the hearing.
Besides Attorney General Douglas NJ.
u. Mum Of ST Paul and George r.
Wilson of Minneapolis arc named as
counsel.
The proceeding in the court ives
very brief. Attorney General Douglas
, was recognized as soon as the court
was convened and he then moved Tor
leave 10 Ale and present bill OF com
plant on the part Of the State of Min
nesota against the Northern Securi-
ties company" Chief Justice Fuller
consented and Mr.. Douglas handed In
his hill Of complaint and also . brief
citing authorities. The court took the
motion under advisement. as usual IN
such cases. and will give It's decision
in due course Of time.