The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-04-22
STATE CAN SUE
THE BIG MERGER
Supreme Court Gives Washing.
ton Leave TO File Suit.
MINNESOTA OFFICIALS GLAD
GOVERNOR VAN SAINT PLEASED
By THE DECISION.
4TTAsHINGTON. April 21-The Unit
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granted leave TO the state OF
Washington to ale an original bill for
an injunction against the Great North
ern Railway company, the Northern
Pacific Railway company. and the
Northern Securities company in connec-
ton with the petition of that state re-
Gently filed in the court.
The opinion in the case was delivered
by Chief Justice Fuller, who stated that
the court had always exercised the ct
most care in It's proceedings in original
cases, and that the present decision 70
grant leave to file was intended TO be
entirely without prejudice TO either
party at interest.
Reference was made TO the case Of
.he state Of Louisiana VS.. the state of
Texas concerning the quarantine regu-
iatiOn OF the latter state in which
leave was given to file. and the state
Of Minnesota vs.. the Northern Securi-
ties company, in which the petition to
file was denied.
Referring to the latter case, he said
The petition had been refused because
or The insuperable objection that in
dispeusable parties 10 the case could
not be brought into the court. This OBJ
lection did not, however, confront the
court in the present case, and the court
felt that because Of its desire To pro-
coed with the utmost care and delibera-
ton in all cases where original actions
are brought in this court. the precedent
OF the Louisiana Texas case should be
followed rather than that Of the Min
nesota case In the present inStaLSe.
Hence leave to file would be granted
and suhEoenas would be issued return
able on the first day of the next term
Of court in October
Defines the Practice.
.eThe usual practice in equity cases
has been to hear such applications" the
chief j. stice said, although under spe-
cal circumstances a different course
has yeen pursued"
After referring to several presidents,
he made brief mention of the Mime
sofa case. saying:
"In Minnesota vs. Northern Securities
company. application to file bill sim
liar 10 that before Us, and seeking sim
lar relief was made, and, after exam
ming the bin. we directed notice 10
be given and heard argument on both
sides. The result was that leave TO file
was denied, because of the certain in
disperSsble parties who could not be
brought in without defeating our con-
stitutionsl jurisdiction
THAT ipsuperable difficulty does not
meet US on the threshold here, but
among other objections 70 granting
leave. it Is urged that the court has
no Jurisdiction in the subject matter,
because the bill does not present the
case Of 4 controversy Of a civil AZURE
which is justihable under the
constitution and laws Of the United
States, III that the suit does not involve
rights of a proprietary or cOntractual
nature. but is purely a suit for the en-
fofcement Of the local law and Polic,- of
- sovereign and independent state,
whose right to make law and to enforce
laws exists only within itself and by
means Of its own agencies, and is lin
tied TO It's own territory.
Minnesota Officials Pleased.
I'm the exercise Of original jurisdic-
ton the court has always necessarily
used the utmost care and delibera-
ton, and in respect Of al contested
questions on the fullest argument. And
in the matter OF practice we are Obliged
20 bear in mind in an especial degree
the effect of every step taken IN the
instant case on those which may sue
coed il. 1t seems to US wisest, there
fore. to take the same action On the
pending application as was pursued in
Louisiana vs. Texas. that IS, without
intimating any opinion whatever on
the questions suggested to grant leave
to file in accordance with ne general
rule"
s., Paul. Mimi. April 21.-Both Gov
ern0r Van SAINT and Attorney General
Dougas gave expression Of their great
satisfaction upon hearing of the action
Of the fed eral supreme court today in
the so-called merger case. Attorney
General Douglas said:
This is a great and decisive victory
for those who have contended shat the
supreme court has primary iUTisdic-
ton in such matters. Having prepared
the brief in the Washington case, /, Of
coCcse, am elated over the result"
It think the disposition on both sides
is for a speedy settlement Of the pr0pO-
sitiOus involved. We viii soon know
whether or not state enaetments have
force and effect in cases like these.
'The action Of the supreme court is
particularly gratifying because it viii
afford an opportunity for the state Of
Washington, which has statutes on
this subject very similar to those Of
Minnesota. to test the scope and power
d state laws TO prevent or regulate
such matters as the consolidation of
parallel and competing lines Of rail-
road. At the same time the action of
the federal authorities VIII make test
Of the effectiveness of the federal stat
utes to regulate these matters. The
outcome Of these two actions viii be OF
great interest 20 the public u general
AS to our Own suit, we VIII make
another move in that when We have
examined all the knotty problems in
vOlve5 in the question raised by the
defendants.
Portland. Ore. April 2i.-Attorney
General ". B. Stratton Of the state Of
Washington arrived here today, en-
route home from washington, =. c.,
where ne argued before the United
States suprems court the case Of the
stare Of Washington against the North
eTn Pacific. Great Northern anC North
ern Securities companies hIr. Stratton
expressed considerable surprise that
the United States supreme court had
acted SO promptly in granting leave 10
the state OF Washington To file an orig
inal bin He also expressed much
qualification that the decision was IN
favor Of the commonwealth in whose
interest he is acting. Mr. StTatton now
feels confident that the case viii reach
hearing before the court.