Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-01-10
Is TAKEN TO THE SUPREME COURT.
The Document Setting Forth the Rea-
sons Why the Railroad Merger
L. Menace Ii Exhaustive
Y and Lengthy.

The bill first points out the direct in
terest the state has in the proposed
consolidation. 1t still owns more than
100000 acres OF public land valued at
more than $15,00O,0O0 and traversed in
part by the lines Of the Great North
ern and Northern Pacific. If the
merger Is effected these roads will
eease to build spurs into these lands
Or compete for their business. The
value of the lands will not increase
as it has under the spur of COMPETE
tion and the state will lose in the tax
able value Of Ats property. The lands
will not be opened for years and de-
Selopment will be arrested.
Taking up the Northern Securities
company it is set forth that it was or
ganized by j. J. Hill, w. P. Clough,
y. Pierpont Morgan and "other assoc
mates to the ora trix unknown" who
at the time were continually in con-
ference over means by which the laws
of Minnesota might be successfully
evaded or avoided, and that it was
DO organized solely for the purpose of
affecting consolidation of the Great
Northern nd Northern Pacific.
Evading State Laws.
In furtherance of the plan to evade
The laws Of Minnesota it was agreed
khat pending the delivery of the
stock to the Northern Securities
company 1t should all be turned
pver to James j. Hill OF be under
his control. The Northern Securi-
kies company, it is charged, does not
Intend to purchase this stock, but
simply to issue its own stock in ex-
change therefor. For these unlawful
purposes the company is about to
receive, unles enjoined therefrom, all
the capital stock Of the Great North
ern and Northern Pacific. This, it is
claimed, is part Of plan Of Hill,
by the two systems are to be consol-
dated and placed under the direc-
Hion of one man or board of diree-
Aors, through the defendant COM
pany, and thus bring about and per-
petuate monopoly in railway traffic
en Minnesota and a complete consol-
blation of the two systems.
It IS alleged that it is the settled
poliey of New Jersey to allow the
consolidation Of only such railroads
as are or can be connected to form
continuous lines and not to permit
the consolidation of parallel or COM
peting lines. The oratrix, claiming
to have no other adequate remedy or
relief, except as prayed for in equity,
asks that the defendant be required
to show eanss %hyu it Haoq qaarF Pat b.
stockholders OF the Great Northern and
Northern Pacific the capital of these COM
6anies and from attending in any manner
such meetings.
Second-From aihng, advising, interfer-
Ing with. or in any way participating In
The management of the two systems
I Third-F'Fom permitting any OF its OFF,
kers agents or servants from acting as
representative. director. officer or employe,
Dr exercising any control management OF
direction over the same.
Fourth-From making any arrangements
br combinatfon having for their object
Iuch joint control.
Fifth-From holding, owning or controll-
ing any of the stock of either company,
khe defendant company being required to
teassign OF 1e-transfer all such stock to
the person from wlom 1t was received,
taking IN return 1t own stock issued in
Exchange therefor, I'd meanwhile to be en-
Joined in all 1eepe is in relation to said
stock as herein be ore prayed for.
Sxth-FTom rec wing any more stock
bf the two compar es in case It shall ap-
pear that the defendant company has not
yet acquired controlling interest in either.
Seventh-The oratrix prays permission to
hmend the complaint If necessary, and
bring IN other parties. for the purpose of
giving force and effect TO any decree of the
court, and asks the court TO issue SUBJ
poena against the defendant company and
eet day for the hearing
Besides Attorney General Douglas,
M. D. Mum, of st. Paul, and George
p. Wilson, of Minneapolis, are named
of counsel.
Supreme Court Accepts Case.
| The proceeding in the court was
very brief. Attorney General Doug
las was recognized as soon as the
kourt was convened and he then
moved "for leave to file and present
b bill Of complaint on the part of the
state of Minnesota against the
Northern Security Company" Chief
Justice Fuller asked if notice had
been given to the Securities company
and being informed in the negative,
said that there was no rule requiring
such notice. He added: 1--WE will
take the papers -
Mr.. Douglass handed in his bill of
complaint and also brief citing au-
liberties. The attorney general and
his assistant counsel, Messrs. M. D.
Mum and George P. Wilson then re-
tired. The court took the motion un-
der Amusement as usual in such cases
and will give its decision in due
course of time.
TORN TO PIECES.