Omaha daily bee., 1902-10-02
POWER SUIT THROWN OUT
Judge Amidon Of United States Circuit
Court Ends the Case.
wEIDENFElD ACTED IN BAD FAITH
Court Sharply CriticIses Motives of
che Intervenor and orders the
Dismissal of His AppIica-
tion for Injunction.

I
Power and c. Weidenfeld against the North
ern Pacific Railway company was made pub
| lie today
Peter Power was the original plaintiff in
the action and by Il sought to enjoin the
Northern Pacific from transferring it's stock
to the Northern Securities company. The
case came before Judge Amidon on the ap-
plication OF Camille weidenfeld to inter-
vene as a plaintiff, he alleging that he and
not Peter Power was the owner of the
shares OF stock upon which the suit was
based Judge Amidon after hearing argu-
ments granted the application for interven-
tion and then dismissed the entire suit.
The important points OF his discussion
were:
| There are two questions involved in this
suit, first the right Of weidenfeld to in
tervene and, second, his rights in the case
| II he is permitted to intervene. I have de-
| cided to grant the petition for interven-
| tion and an order will be entered In the
cause granting the petition OF Intervention
of Mr.. Weidenfeld and entering him as a
party of record.
Il do not do this wholly out Of consid-
eration for Mr.. Weidenfeld.. There are few
circumstances in his conduct Of the case
and the institution Of this suit which appeal
to the discretionary powers Of a court Of
1
conduct to which have adverted relate en-
tirely to his conduct in connection with this
suit at the time Of its inception and in the
course Of its prosecution.
CrIticIzes weIdenfeId's Acts.
"The original bill had for its primary
object the restraining Of the Northern Pa
cifc Railway company from retiring the
preferred stock. Under the charter OF the
| lee ~ 70 10 No.
be exercised on the first day of January.
Early in the month OF November the board
OF directors formally fully determined to
retire the preferred stock on the first day
| Of January, 1902. This intention was com
municated to the stockholders Of the com
pany by official notice. Mr.. Weidenfeld
among others, knew Of that fact and yet he
stood by and did not file his bill until
December 30. when if ne could have sue
ceeded by virtue OF temporary Injunction
In throwing the matter over on the first
day of January, 1902, the whole matter
would have been defeated for at least an
other twelve months.
| Today Mr.. Powers counsel appear here
and say the right of the Northern Pacific
company to retire its preferred stock is
so plain as to be beyond the realm Of con-
troversy They raise no question upon that
subject. In bringing these two ends of
this lawsuit together and placing them IN
contrast, one can Judge to some extent OF
the meritoriousness of this pnoceeding >
"The second feature of Mr. weIdenfeid's
conduct that have in mind is that In
the throwing OF this suit and It's prosecu-
tion in the name of Peter Power he has
practiced an imposition on the court
Acted I'm had Faith.
Now in carrying forward the litiRa-
tion under those circumstances say he was
guilty Of gross imposition upon the court
and when his adversary has uncovered this
fraud and disclosed that fact II does not
stand in good faith or appeal to equitable
consideration for Mr.. Weidenfeld to step
forward and say: This fraud is uncovered
and now will take up the burden of this
litigation myself, which thus far have
conducted under the cover of this imposi-
tion.'
THE third feature Of Mr.. Weidenfeld.s
conduct that have In mind is the fact
that he has been guilty Of grossly improper
conduct In obstructing this cause before
the examiner for the purpose of covering
up the original fraud in bringing the suit
In the name of mere dummy.
| i DO not forget also here that Il is
claimed by this counsel that he was not a
party and not known to that miserable
game OF evasion and absconding on the part
OF Peter Power in eludlng the process of
the court for his examination as a witness.
DO not think the evidence justihes the
oeiief, considering the relationship between
Mr.. Weidenfeld and Mr.. Lamb, and the fact
that Mr.. Weidenfeld was from month to
month supplying funds for carrying on this
litigation and that this shameless game OF
hide and seek was being conducted in his
own vicinity and neighborhood-I do not
think II is to be believed that he was ignor
ant OF what WAS there done or that he was
not party to It. II might be that he did
not direct any such specific step that was
taken by Mr.. Lamb and Peter Power, who
were his instruments in carrying on this
litigation under the false cover OF a dummy,
but in doing what they did they were en-
deavoring to cover up and conceal that
fraud and they were simply acting in the
carrying out of the original purpose to
which Mr.. Weldenfeld was a party and he
is morally responsible for what they did.
, Motives of the Judges.
80 l say that in granting his petition
OF Intervention l am not moved to do II by
any equitable considerations in his circum-
stance. l am rather moved to It by the
fact that this record ought to be made tc
speak the truth. This suit throughout has
bNSh NAS suit Ol MI NtlQcnIclQ ana ne
1 ought now to be brought upon this rec.
e ord to speak and act for himself and FOL
u the same relief may be granted in this suit
d as would have been granted had IL not beer
8 for this imposition upon the court, and 4
Mr.. Weidenfeld had a right on the record
as he was in fact the complainant in thii
: | cause.
This brings me to a consideration Of tn,
= cause on its merits. There are two ques
tions presented. The first is as to the val
idity of the retirement Of the preferred
stock Of the Northern Pacific company
That Is not now eontraverted, but II is con
3 traverted in the pleadings. The evidenc,
J.. leaves not the slightest doubt OF the entir
+. propriety OF the conduct OF counsel for tn
q complainant in now saying that they d.
v not urge that controversy. The evidence II
the cause. in other words. leaves no doub
that that act was entirely valid. The de
n cree will, therefore, so declare, and as L
\ that feature OF the issues presented by tn
original bill. and the bill in Intervention
and the answers thereto. these bills will b
dismissed upon the merits"