The times. [volume] (Richmond, Va.) 1890-1903, 1902-10-08
a JUDGES REBUkE,.

JUDGES REBUkE.
The text Of the decision Of Judge AMI
don, OF the United States Circuit Court
OF Minnesota, recently rendered In the
case OF Peter Power and Camille Weld
enfield against the Northern Pacific Rail-
way Company, has just been made pub
lie. We have on other occasions referred
to this case, and our readers will recall
that Peter Power was the original plain
tiff in the action. and by it sought to
enjoin the Northern Pacific Railway Com-
pany from transferring It's stock to the
Northern Securities Company. The case
came before Judge Amidon on the appli-
cation of Camille Weidenfeld to inter-
vene as 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
arguments. granted the application for
intervention, and then dismissed the en-
tire suit.
Judge Amidon. in the course Of his
opinion. severely but Justly rebukes Weld
enfield for the contemplate manner in
which he prosecuted this case The Judge
says that while granting the petition for
Intervention he does not do it wholly out
Of consideration for Weidenfeld. as there
are few circumstances in his conduct in
connection with the institution and main
tenance Of this suit which appeal to the
discretionary powers Of a court OF
equity
Proceeding. the Judge says that the
original bill had for its primary object
a restraining Of the Northern Pacific
Railway Company from retiring its pre-
fsrred stock Under the charter Of the
company Its right to 90 that could be
exercised only on the LIST day Of Janu-
airy. Early in the month Of November
the Board Of Directors formally deter
mined to retire the preferred stock on
municated to the stockholders Of the
company by official notice. Mr.. Weldon
field, among others. knew OF that fact,
and yet he stood by and did not file his
bin until December Goth. when. If he
could have succeeded by virtue of the
temporary injunction in throwing the
matter over OH the LIST day Of January.
1902, the whole matter would have been
defeated for at least another twelve
months!
But in spite of that action Weiden-
fields counsel subsequently appeared be-
fore the court and admitted that the
right Of the company to retire its pre-
ferred stock was SO plain as to be be-
You'd the realm of controversy. This was
a confession that the suit was originally
brought not for the purpose of prevent.
ing the company from violating the law,
but to prevent by trick the company
from doing what it had right to do.
and ali for the sake Of serving some pri-
rate end OF the plaintiff. He had a lit
tie scheme in view by which, no proposed
to make something for himself, and he
was willing to use the courts to aid him.
It is no wonder that the Judge is dis
Eusted and that he says that such a
plaintiff is not entitled to consideration.
But in addition to all this the Judge
roints out that Weidenreld in bringing
this suit and in prosecuting it in the
name Of Peter Power. pra cticed an Inn
position on the court. Peter Power was
mere figurehead, yet for a considera-
ton he agreed to act as plaintiff in suit
which Neidenfeld was in fact bringing,
and made it appear that he. as stock
holder, was about to be seriously injured,
and asked the Intervention and protec-
ton of the court. It was a miserable
pretense. Peter Power had no grievance
whatever. lie was not even a stock
holder. but pretended to have e grievance
for the fee which he received.
THE third feature Of Weidenfeld's
conduct. said the Judge, .'is the fact
| that he had been guilty Of grossly Inn
proper conduct in obstruetins this cause
before the examiner for tina purpose Of
covering up the original fraud in bring
| ing tho suit in the name Of mere
! dummy
IN explanation the Judge refers to the
fact that Power was spirited out Of the
country and kept in Canada at Weldon
feds expense in order to keep him out
OF court in . case in which he appeared
as plaintiff.
In conclusion the Judge says:
$50 I say that, in granting his petit
| ton OF intervention, am not moved to
do It by any equitable consid lions in
his circumstances. am rather moved
| to It from the fact that this record ought