The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-09-30
TAKE POWERS PLACE
CAMILLE WEIDENFELD'S ATToR-
NEYS TRY TO ESTABLISH
STANDING IN COURT
NEW YORK BROKER
COMES IN UNEXPECTEDLY
Lawyers Representing Man Said to
Have Backed ELUSIVE Peter" Don't
Question Legality of Retirement of
Northern Pacific Preferred Stock.

The Northern Securities case was
taken up in the United States court
yesterday morning before Judge Ami
don. No appearance in behalf of elu-
slve Peter Power was anticipated, but
TO the surprise of many, Camille Weld
enfield, New York stock broker, in
terVened in behalf of the invisible
Peter, asking the same relief. Mr.
.Weldenfeld was represented by M. H.
Boutelle of Minneapolis and A. W.
Buckley, of Chicago, Powers former
attorneys. G. w. Bum and Frank
b. Kellogg, of st. Paul, represented
the Northern Pacific railroad. 1t is
asserted that Weidenfeld has been be-
hind the case from the beginning and
contributed the money for it's prosecu-
ton.
Mr.. Bum, In his argument said that
the Northern Pacific company would
be glad to secure a decree on the mer-
Its of the case. Mr.. Bum declared
his belief that Weidenfeld was trying
to Intervene from corrupt motives and
that the attempted Intervention was in
furtherance of a conspiracy. Mr.. Bum
contended that the retirement of the
Northern Pacific preferred stock was a
perfectly legal transaction, and that
the owners of the stock could not par
ticipate in the obligations which were
sold in order to retire the stock.
Doesn't Question Legality.
Mr.. Boutelle submitted a copy of the
petition of Weidenfeld, which differed
somewhat from the Peter Power COM
plant. Mr.. Boutelle said he didn't
question the legality of the retirement
of the preferred stock of the Northern
Pacific as a separate and isolated
proposition, but he alleged that this
transaction was but part and parcel
of the contamination of a grander
scheme, the ultimate object Of which
was to place the controlling interest
of the railroad companies-the North
ern Pacific, Great Northern and Chi
cago, Burlington & Quincy-in the
, Northern Securities company. This,
he maintained was Illegal inasmuch as
1T was a device by which the interests
of two competing and parallel rail-
roads became identified in the holding
of stock, scheme which was in VIOLA
ton of the constitution Of the state
of Minnesota and other states through
which the railroads ran.
Mr.. Boutelle described the course Of
the Northern Pacific and cites the
statute which provides that parallel
and competing lines shall not effect
combinations within the state.
Argue WeidenfeId's Standing.
Judge Amidon interrupted the argu-
ment of Mr.. Boutelle, and said that
one of the important questions in the
case was whether Camille Weidenfeld
could intervene, and whether he had
any standing in this court. The judge
asked counsel to present argument to
clear up in this matter before going
further.
Mr.. Boutelle stated that no objection
had been made by the defendant in the
case, but was prepared to show that,
while Peter Power, or any other. stock
holder, who made the original COM
plant in behalf of himself or any
stockholder who might wish to partici-
pate, had failed to show their interest
in the stock, there was no reason why
any other stakeholder could not come
in and prove his interest in the ques-
ton involved.
The entire afternoon was consumed
by the argument of the question of
the right of Weidenfeld to intervene.
p. Mr.. Bum and Mr.. Kellogg contendlng
that he had no right to do so. Kellogg
was talking when court adjourned I'M
til 10 a. m. today.