The times. [volume] (Richmond, Va.) 1890-1903, 1902-03-11

formed and is in operation, and the de-
PENDANTS are thereby attempting to
1nonopolize and have monopoliZed such
Interstate and foreign trade or commerce,
July ., 1880, entitled An act to protect
trade ana commerce against unlawful re-
Btraints and monopolies.''
IL the defendant, the Northern Securi-
lies Company. has not acquired a large
majority of the capital stock Of the de-
PENDANT, the Great Northern Railway
Company, it is because the individual
defendants named have purposely dis
couraged and prevented the transfer and
exchange of stock of the Northern Sc
curitics Company. all for the purpose of
concealing the real scope and object of
the unlawful combination or conspiracy
and of furnishing ground for the. de-
Tense that the Northern Securities Com
Iany does not hold a clear majority Of
The stock of the Great Northern Railway.
Company
NOT IN GOOD FAITH.
The Northern Securities Company
was not organized in good faith to pur-
chase and pay for the stocks of the
Great Northern and the Northern Pa
cine Railway Companies. 1t was organ
lied solely 10 incorporate the pooling of
the stocks of said companies and 10
carry into effect the unlawful combina-
lion or conspiracy aforesaid. The North
eIp Securities Company is a mere de-
poSitory, custodian. holder and trustee
OF the stocks of the Great Northern and
The Northern Pacific Companies, and its
shares Of stock which are but beneficial
certificates are issued against such
railroad stocks 10 designate the interests
of the holders in the pool.
III the Government fails to prevent
the carrying out Of this combination or
conspiracy not only will u virtual con-
solicitation of two competing transcon-
tinental lines. with the practical pooling
OF their cummings, be effected and a mo-
nopoly Of the interstate and foreign
commerce formerly carried on by them
as competitors be created and all effcc-
tive competition between such lines in
the carrying of interstate and foreign
traffic be destroyed, but thereafter, to
:tli desiring to use it, an available
method VIII be presented whereby,
through the corporate scheme or device
aforesaid. the act of Congress of July
=, 1920 may be circumvented and set at
ltauaht and all transcontinental lines
indeed the entire railway systems of the
cUuntrw, may be absorbed. merged and
consolidated, thus placing the public at
The absolute mercy of the holding cor
polation''
PRAY FOR INJUNCTION.
The petition praSs that the Northern
Securities Company. its stockholders.
officers. etc. be pcrpetually enjoined
from purchasing, voting, etc. any of the
aharcs of the capital stock of either the
Northern Pacific or Great Northern
Company's. and that a mandatory in
junction may issue requiring the North
eln Securities Company to recall and
cancel any certificates of stock issued
by it in purchase of or in exchange for
any of the shares of the capital stock
of either Of the said railway companies.
surrendering in return therefor the GER
titicates of stock in the respective rail-
way companies in lieu of which they
were issued, II is also asked that the
defendants, the Northern Pacific and
The Great Northern Railway Comnanies.
their officers, stockholders, etc, be per-
pe;nalm cnjoined from in any manner
recognizing or accepting the Northern
Secuiatles comnany rs the owner or
holder of AIRY OF the shares of their can
ltal stock.