The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1902-01-30
SUPREME COURT HEARS ARGu.
MENT FOR AND AGAINST
LEAVE TO BRING SUIT.
DEFENDANT IS REPRESENTED
w. D. Guthrie Appears for the North
ern Securities Company and Replies
to the Arguments of the Attorney
General of Minnesota-Latter ReIt
crates the Points Brought Out in His
Brief Filed Some Days Ago.

crates the Points Brought Out in His
Brief Filed Some Days Ago.
Washington, JAN 2S.-In the United
States supreme court Attorney Gener-
al Douglas of Minnesota renewed his
motion for leave to file bill OF com
plant on behalf of the state against
the Northern Securities company in
the matter of the merger of the North
ern Pacific railroad with other roads,
saying that he had given notice to the
defendants as required by the court.
General Douglas argued at some
length, the points brought out being
similar to those in his brief filed with
the court some days ago when he made
his first request for permission to file
an original suit in this court.
w. D. Guthrie, for the Northern Sc
curities company, filed brief with the
court outlining that company's posi-
ton. He contended that the bill OF
complaint proposed to be filed on be-
half of the state of Minnesota does not
present a controversy of civil and
judicial nature between state and
citizen of another state justifiable in
this court, and that no state can call
upon this court to enforce it's penal or
police laws in other states. Hence this
court is without jurisdiction.
The bill asks the court, he says, to
restrain by Injunction citizen of New
Jersey from doing there acts which are
entirely lawful according to her laws
and which are sanctioned by her stat.
utory policy, simply because those
acts violate or evade or tend to cir
cumvent the pubic or penal or police
laws of Minnesota, the complainant
states. There is, he continued, no sug-
gestion that the acts complained OF
are not entirely lawful in the state OF
New Jersey or that it is not within the
corporate powers of the defendant
corporation as an investment company
to acquire and hold the stocks Of rail-
way companies. The sole ground OF
complaint is the alleged violation in
New Jersey of certain enactments con-
tanned in the statutes of Minnesota.
Hence he contended that the injunc.
ton prayed for would be nothing more
or less than an order compelling the
Securities company to obey in New
Jersey the laws of Minnesota. He
called attention to the fact that no re.
lief is sought against the Great North
ern Railway company or the Northern
Pacific, although both are corporations
of the state of Minnesota and both.
therefore, within the jurisdiction OF
the courts of that state. This was
taken, he said, as confession that
neither of these corporations had
sinned against the laws or the consti-
tuition of Minnesota. He pointed out
that as neither of these companies is
a party to the suit no relief could be
granted against them. In conclusion
Mr.. Guthrie contended for the contin-
uance of the policy which had prevail
ed, he said, during the history of the
government of allowing each state to
control it's own affairs without inter-
ference on the part of the federal ju-
dietary. t...