Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-27

0sA p',s ,oaye to file a bill of com
n'|' - bobalt of the state against
Vy'.' harm securities company IN the
R N" .'e mo merger Of the Northern
n1' abroad with other railroads
Il'D, h. had given notice to the de-
t'n, 4, required by the court
cs., .nstlce Fuller announced that
'4D lament upon this motion would
!. s.ald later in the day as soon as
800 IN the case under consdera-
\, could be completed
ur. y ,he preceding case had been
.,o,sd Atly. Gen. Douglass was rec
snI.ei to make his argument IN sup.
NJ Of III. motion for leave to file his
IA Of complaint
N, pouglass made the following
IA, IN support Of the rights Of the
~. 10 file an original suit In this
curt ,,,n
BASIS OF COMPLAINT
rbs complaint bases It's request for
.y, 10 Die and present It's bill of COM
,sSt upon section 2, article 3 OF the
,o,non of the United states, Whlch
eore original jurisdiction TO this
s,,in M controversies between states
.,I h,,Won a state and a citizen of an
,r.r nate also upon congressional en-
'',mont relating thereto-section BSl ct
,g revised statutes OF the United
sales ~ 49,. nu
5gloo d this court TO protect its
sare,ty and Individual rights ana In
i,,.s,, IN an action against citizens OF
.aar states has long been recognized
M aate Of Minnesota owns upward OF
nos million acres OF land within It's
IhsI,s which Is near to, or IN the ter
,nofy alone uayersed by the two rail.
vns m question, and the state IL de-
tead,a almost entirely upon these
,osb ION he development Of this land
mihs furnishing Of transportation ia
tns, 10 he same The value of these
bt3,atd heir stability will be great
N m.aled by the consolidation. The
Igc5rs d .he state derived from taxa
4 uo1 G Me maiatenace of state lnsti-
u,eit as well as the performance OF
rs ,iNgtge. legislative and the ju'
Anal iMlions viii be seriously inn
tlNafl nter'ered with by reason OF
ssi oiSnldation, The state has
gaa,a many millions Of acres of land
/ Nu'6e companies as a consideration
| N building and maintaining parallel
iAompttng lines Of railway within
tsgah many Of which railway lines
az Ros og1cd or controlled by either
de GHat Northern or Northern Pacific
Mlroy company II Is therefore sub
rlitd that me state Of Minnesota Is 50
ilriileABuu, IN It's Individual capac'
iW IN the subject matter Of this action,
lltO enttlt II to maintain the same.
AS PARENs PATRIAE,
The state also claims the right to
maintain this action as parens patriae,
% as trustee or representative Of all
her citizens A very large portion, II
rol all, Of the citizens Of Minnesota
Vlll be materially injured by the con-
@ldston o. and the removal Of COM
Petition In freight and passenger rates
HiWeIn the lines Of railway owned and
operated by the two companies. We
axe i that this court win assume that
lne citizens OF the state generally will
'lIIef material injury by the removal
o' competition IN freight and passenger
IaIes within the state Presumably 1t
was N recognition Of this principle that
congress adopted the antl-trust law,
lhe statutes Of the state of Mime
'ga lhe enforcement Of which form a
llal basis for the relief sought, are
~ no sense penal statutes; they pro-
0le no punishment for their violation.
tlyy are not only not penal, but we
ulh form part OF the contract which
n'' NE state the right TO maintain
us action both in is individual ca
IIs,IV as vel as that of parens patrlae
iM stockholders Of the two railway
wD'lanles whose properties and lands
@swaght to be consolidated have been
s'.l'el me right by the state OF Min
'Va 70 De- or TO exist as, corpora
yN within said state and 70 exercise
% 'Rht Of eminent domain 1t Is a
,1M s settled principle of law that the
s,yW statutes Of a state relating 20 a
%tvralN become and are part of
nF uaIler Of a corporation created In
y Permitted 10 do business Ia such
, u. 'hat Is. a part OF the considera.
WV Nhleh The state receives for grant.
~, s ule right 10 be Il CORPORATION and
nv, ,'% lhe powers and privileges as
4. ~" W me state Is an agreement on
, wv KY OF such corporation ana its
,s ,,@uvuefs mat Il and they win oh
NV lhe laws Of the state relating TO
''l corporation. y
CONTRIBUTIONS IN LAND.
sI,I must be borne In mind that in adj
so ,''oH 70 the statutes prohibiting the
N. ''lsallon, the state Of Minnesota
N M ..avgntnbuied over ten millions acres
ti,s "al " order 10 secure the constuc-
t,.. ana maintenance OF some OF The
ma 60. e,q competing lines by either
ps,l,' ,sal Northern or Northern Pacific
,I',,s,y company 4 part of the con.
M ivn which the state received for
lauls granted was the IMPLIED
-o ',,s,se1l on the part of such railroad
No, iuons and their stockhplders
mai. uese lines OF railway should he
-oro ,lo,uea and operated By such cor
.neSs 'O'S as parallel and competing
j, i fall Of the statute law OF the state
-o,s 1,l,luesg'a relating to railroad cor.
ears ''' ~, mas been for nearly thirty
nans WAY no Consolidation I'm any
BeeB po vngleNer shah take place be-
anWay ' 1',.s and competing lines OF
4 tbe nilnin the state. that Is ono
asrae5' ihliliions and considerations de-
fallra. Y lhe state for the right to be
Ma oau corporation and 10 evorrlee
rlbin NE ana privileges ~ eueh
orona,i,,N STATE Is, that free ana onen
'er rates ~ \, ooth freight and passen-
I rano.,' "ou exist between the limos
Ions ons operated by such cornora.
,go,a we violation Of these statutes
,o.3,leuon ~ the controef ,iobts y.
: ~ ,hs or The corpora lions p" rer
tate ana f'ooFnolders thereof with the
tate ma "a, as We contend. gives the
o eaioir . ,lght to maintain an action
lont of sp Si" violation The enforce-
leri ~ ~ sueh q statute IA the enfo,c,.
hitch vi 4 remedial statute. or a statute
q lps,yisses the right to tho ste ts' ~
'' capacity as wen as in It's