Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-03-07
TIE STATE IS BARRED
Minnesota Can Not Begin an Ac.
ton Against Northern Sc
curities Company.
Decision of the Supreme Court
Said to Have That
Effect.
Leading St. Paul Attorney Says
the Only Remedy is With
Congress.

st. Paul. March 1.-The state of Min
nesota is barred by the decision OF the
supreme court from taking action IN
any court against the Northern Securi-
ties Company.
This remarkable state of affairs has
been made plain to local attorneys inter-
csted in the case, since receiving copies
of the courts decision. Its effect is that
the state cannot join issues with the
corporation, either in the supreme court
or circuit courts and as the state courts
cannot reach it, the bar is effectual.
AS far as the recent suit is concerned,
the issue seems to be closed, but for fu-
tire suits of the sort the rule is re-
garded as most unfortunate. There is
cnly one way to alter it. and that is by
an act of congress expressly granting
power to the federal courts to enter
tain such suits. Such bill may De
introduced at this session.
The court denies jurisdiction on the
ground that the Great Northern and
Northern Pacific companies are ileces-
sary parties to the suit, and that their
stockholders must be represented IN
order to do justice. But should they be
brought into the case, it would not De
q proper case for the supreme court to
consider.
The majority stockholders are repre-
sented in the case by the orthern Sc
curties Company. but the court holds
that the rights Of the minority stock
holders must be protected. and that,
therefore, the Great Northern and
Northern Pacific companies must be
brought into the action.
ut Is not sufficient to say declares
the court. that the attorney general
or the governor, or even the legislature
OF the state can be concluSively deemed
| to represent the public in such con-
troyersy as that presented by the DILL
Even a state, when she voluntarily be-
comes a complainant in a court OF
equity. cannot claim to represent poth
sides of the controversy. Not only have
the stockholders, be they few or many
a right to be heard, thru the ofncers
and directors whom they have legally
selected to represent them but the gen
eral interests of the public, which
might be deeply affected by the decree
of the court are entitled to be heard:
and that, when the state is the COM
plainant, in a case like the present, can
only be affected by the presence of the
railroad companies as parties defend
ant"
A wel-known local attorney who has
been following tie case with some in
terest says of the decision:
The statement of the court is re-
lmarkable one. Decisions are many on
the point that the attorney general is
the legal representative of the state.
and is presumed to stand for it's in
terests. The abrogation of this rule is
likely to lead to consequences that are
not realized. Y the attorney general,
governor and legislature do not repre-
sent the people of state. who does
represent them? l know no other way
in which they can be represented.
1.-The Great Northern and Northern
Pacific companies are represented in
the suit by the majority stockholders.
Ii the minority iterests are affected at
all it is to their protection, and not in
iuriously. The court goes even further,
however, and by its language bars the
against the Northern Securities COM
pany The question before the court
liz; the jurisdiction of the supreme
court, but in the opinion 1t is also held
that the circuit court cannot entertain
such suit. The suit cannot be brought
in the state court, because the North
ern Securities company is not within
the jurisdiction CT Minnesota courts.
The states hands are tied, so far as the
great merger corporation is concerned.
This is a most unfortunate situation.
which should be renedied. Now that
the rule is established. see no way
to change 1T except by an act of con-
gress expressly comforting jurisdiction
in such cases. To conserve the rights
OF the people such an act should be
passed"
| ~