The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-07-17
MERGER CASE
IN U. S. COURT
State and Defense Make Con
cessions in Stipulations
Filed To-day.
Same Evidence May Serve in
State and Federal
Suits.

Honors were even to-day iE the suit
Of the state of Minnesota against the
Northern Securities merger.
A stipulation was filed in the United
States circuit court at st. Paul, signed
by ali the attorneys The state agrees
to withdraw its motion to remand the
cases to the district court Of Ramsey
county.
On the other hand, counsel for the de-
fense waived the question of Jurisdiction.
and withdrew their motion to yacate the
service of summons upon the Northern
Securities company and James ]. Hill as.
It's president.
The merger attorneys will enter a gen.
eral appearance for all the defendants
named en- the next rule day, the first
week In August They have thirty days
after that in which TO file their answer.
The state has corresponding time in
which to reply, and then the issue will
be joined. Before the end OF September
the case will reach point where the
state can move for the appointment Of
a commission to take evidenced.
Co-operation with Gen. Knox.
Before that time Attorney General
Knox will have entered intosa stipulation
with the merger attorneys relating to
his action, brought under the antitrust
laws. This will be an agreement to have
q designated attorney appointed as com
missioner to take evidence in the case.
Negotiations are pending by which he
aame evidence may be largely used in
both cases. Whatey or testimony Is
brought out in the antitrust suit that
will be material to Minnesota's suit will
be accepted and made part of the record
In the latter action. This will save much
time and expense. It will take two or
= three months to complete the testimony,
eId neither case can reach argument be-
fore the first of the year.
Counsel for the state are well salts
fed with the arrangement entered into
to-day. The federal court is more strict
as to Jurisdiction, but that point has been
disposed of, unless raised independent
Z by the court The federal court is q
much better forum for trying such q
question and securing testimony The
fact is that each side had Wholesome
TesT ect for the others contention, and the
action to-day is a satisfactory compros
mise leading up to q speedier solut ion. 4
! Conversations Both ways.
# TIE language 81 the stipulation is ia
part as follows:
First--The plaintaf stipulates and agrees to
cause and consents that said cause be- tried
and determined by this court. II
The defendants Northern Securities CONF
pariy and James.sJ Hill as its president,
s stipu1ata and agree s to waive and abandon
their said motion to set aside the service OF
the summons upon them respectively, and to
enter general appearance in this court in
said cause. and they consent to the trial and
determination of said cause by this court.
The plaintiff and all the defendants nautu-
ally stipulate end agree that they will not al
: any time question or controyert the jurisdic-
ton OF this court to hear, try and determine
said cause and all the issues of fact and
law involved therein, or its jurisdiction ovel
the parties thereto.
It is further stipulated that If a. any tins
the court shall raise the question of jurisdic-
tion and remand the case to the district cour'
of Ramsey county, the record of the case II
s the federal court shall be made the record II
the state court, and the defendants, thu
Northern Securities company and James
Hill, shall then have the right to move. fol
vacasing the service of summons upon them
The signatures to the stipulation are w
b. Douglas and George p. Wilson, coun.
eel for the state, Young & Ltghtner
solicitors for the Northern Securities
company and James j. Hill rs president
and for lanes J., FIil individually M. D
Grover, solicitor for the Great Northern
G. w. Bum and Frank B. Kellogg, so
licitors fer the Northern Pacific.