The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-01-10

Suit so Break IL tp-afn a. supre.>e
Court by Mt.ne.ota's Attorney Cen
erni.

Washington. January T.-AttorneY
General Wallace b. Douglas. Of ss,.ne-
sofa. fled today In the United State.
supreme court the bill OF complain, In
the case OF the State OF Minnesota. COM
plainant. against the Northern Securt-
ties Company. defendant 1t is a long
document. about Il. COO words. covering
thirty-two pages OF printed matter.
The bin first points out the direct In
consolidation, and describes the char
ters OF the Northern Pacific and Great
Northern.
Taking up the Northern Securities
Company. IL Is set forth Ihat IL was or.
ganlzed by J. J. HUI. w. r. CloGgh. J.
Pierpont Morgan and "other associates
To the oratrix unknown" who at the
time were continually in conference
over means by which the laws OF Min
nesota might De successfully eSaded or
avoided. and that IL was so organized
solely for the purpose OF effecting a
consolidation of the Great Northern and
Northern Pacific The owners OF
large majority Of the stock Of the two
systems had agreed beforehand TO
transfer to the new company IS per
cent. OF the stock OF the TWO systems on
terms which are set forth in fall and to
retire the preferred stock of the North
ern Pacific The Northern Securities
Company. il is charged, does not intend
TO purchase this stock. but simply TO
issue its own stock in exchange there
for. This, il Is claimed. Is part OF a
plan OF Hill. Morgan and their assoc
ciates. whereby the two systems are to
be consolidated and placed under the
direction Of one man. or board Of direc-
ffEv Vnepn .N.zf.Aw
and thus bring about and perpetuate a
monopoly in railway traffic I'm Mime
sofa and complete consolidation OF
the two systems. One man or hoard
will thus. 1t is alleged be enabled to NIX
all rates on lines in the state. deter
mime what trains shall be run. remove
all competition, and prevent the huild.
ing of lines into new country or into
competitive territory. This agreement
and the consummation thereof is claim
ed to be lin restraint of trade. against
public policy, and void
1t is set up that the Northern Securi-
ties Company is a railroad corporation
| within the meaning of the Minnesota
| laws. and that its design is to evade.
escape. and violate these laws in such
way as TO cause the state "irreparable
| injury
1t is alleged that it is the settled
| policy of New Jersey to allow the cnn-
| sclidation of only such railroads as are,
! or can he. connected to form continuous
! lines and not permit the consolidation
! OF parallel or competing lines. The or
| atriX, claiming to, have no other ade-
| quate remedy or relief. except rs praved
! for in equity. asks that the defendant
be required to show cause why il should
not be perpetually enioined and re-
strained:
From voting at any meeting Of tho
| III &c 81, ft.AF ur n
Northern Pacific. the capital OF these
, companies. and from attending in any
manner such meeting.
, 2.-Frnm aiding advising interfering
! with. or in any way participating In the
. management Of the two systems
\ 3.-From permitting any OF its off
GERS. agents or servants from acting as
a representative. director, officer or eni
! ployee. or exercising any control. man.
agement. or direction over the Same.
I 4--From making any arrangements
or combinations having for their ob1ec
such joint control.
E.-From holding. owning or control
ling any Of the stock Of either company
the defendant company being require,
to reassign or retransfer all such stool
to the person from whom IL was re
ceived. taking in return its own stool
issued in exchange therefor. and mean
while to be enjoined in all respects In
relation to said stock as hereinbefors
prayed for.
5 6.-From receiving any more stock nj
. the two companies in case IL shall an.
pear that the defendant company hai
not yet acquired a controlling interes,
? in either.
81 THE oratrix prays permission fs
2 amend the complaint. IL necessary. and
bring in other parties for the purpnss
: Of giving force and effect to any decres
OF the court. and asks the court 90 Issue
I subpoena s.ainst the defendant com.
5 pany and set day for the hearing.
l