Omaha daily bee., 1902-04-22
Says State Has Right to Submit Original
Claim ior writ Of Injunction.
CAREFUL INVESTIGATION IS MADE
Court Holds Obstacle in Minnesota Case
Does Not Exist in Present One.
NAN SAINT AND DOUGLAS ARE ELATED
Latter ThinlIs Disposition on All
sides Points 10 a speedy Settle
ment of Action Against the
Combine.

WASHINGTON. April 2l-The Unreo
States supreme court today granted leave
10 the state OF Washington TO file En
original bill for an injunction against the
Great Northern Railroad COMPANY. the
Northern Pacific company and the -hern
Securities company, In accordance with the
petition Of that state recently fled in the
CoUri.
The opinion in the case was delivered by
Chief Justice Fuller. who stated that the
court had always exercised the utmost care
e. its proceedings in original cases. and
that the present decision 10 grant leave TO
Die was intended 10 be entirely without
rprejudice to either party at interest.
The chief Justices opinion was very brief
and consisted entirely Of g review Of origi-
nBl cases Of the same character which have
beer brought 10 the attention OF the court.
The two most important OF the cases thus
cited were the case Of the state OF Louisi-
ana against the state OF Texas, concerning
the quarantine regulation Of the latter state
IN which leave was given 10 nle and the
state OF Minnesota against the Northern
Securities company. in which petition TO
file was denied. Referring TO the latter
case he said the petition had been refused
because Of the masquerade objection that
Indispensable parties to the case could not
be brought into the court. This objection
did not, however. confront the court In the
present case. and the court felt that be
cause Of It's desire TO proceed with the ut
most care and deliberHtion in all cases
where original actions are brought in this
court the precedent q the Louisiana Texas
case should be FOLLOWED rather than that Of
the Minnesota case In the present instance.
Hence leave TO file would be granted and
BubpoenRs would be issued returnRbIe on
he Hru4 dux NJ r., oF ha
sn October
THE usual practice in equity cases has
been TO hear such applications, the chief
justice said. although under special cir
oumstRnces q different course has been
pursued"
After referring TO several precedsnts he
made brisf mention Of the Minnesota case.
He said:
In Mfunesuta sFsinst the Nurthern Sc
similar 20 This, and seeking similar reli I
was made and after examining the bill
argument Oh both sides. The result was
that leave 40 NE was denied because OF the
could not be brought in without defeating
our constitutional jurisdiction.
Present Case is Different
That insupCrable diflculty does not NEE:
us on the threshold here. but among other
objections 10 grant leave II is urged thai
the court has no Jurisdiction in the subject
matter, beCau the bill does not present
the case Of a controversy uf civil nature
which is IustihEble under the constitution
and laws Of the United States IN that the
suit does not involve rights Of Il proprle-
tEry or contractual nature, but Is purely
suit for the enforcement Of the local law
and policy OF a sovereign state, whose
right 70 make law and 10 enforce Law exists
only within itself and by means Of it's own
agencies, and is limited 10 its own terri
In the exercise Of original jurisdiction
the court has always necessarily proceeded
IN respect Of al contested questions on ,he
fullest argument And IN the matter Of
practice We are oo.Eeo = bear IN mind 20
taken IN the instant case on those which
may ~ succeed Il L seems 70 us wisest
pending Application pursued in
1ouisianH against Texas; that Is. without
Questions suggested TO grant leave 10 fls
an accordance with the general rule.
Van SAINT and DsuEIas Pleased
ST PAUL, MINI. April 2l-Both Gov
srnor Van SAINT and Attorney General
Douglas gave expression Of their great sat
ssfGction upon hearing Of the action Of the
federal supreme court today in the sO-caIled
merger case.
Attorney General Douglas said
This it a great and decisive victory for
Trcrne court has primary Jurisdiction in
such matters. Having prepared the brief
tatsa over tih the result s thiHf the ss dspds AN
tion on al sides is for q spssdy settlement
OF the propositions involved. We Will SION
know whether or not state enHctIneuts
have force and sIect in cases ike these
The action OF the supreme court Is par
Hcularly gratifying because II VIII afford
an opportunity for the state OF Washing
ron, which has statutes on this subject
very similar 10 those OF Minnesota 10 test
the scope and power OF state laws 10 IRE
vent OF regulate such matters as the con
eolidation of parallel Gnd competing lines
Of railroad Al the same time the act In
of the federal authorities vii make a tesf
Of the effectiveness q the federal stntutes
70 regulate these matters. The outcome Of
these Two actions will be o. great tnferssf
20 the public IN general
As 10 our own suit we viii make another
move Ia that when we have examined m
the knofty problems Involved In the uueE-
tionE raised by the defendants.