The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1902-01-08
COMPLAINT
nreOrA's ATTORNEY GENERAL
ecFoRe THE FEDERAL 81.
pReME COURT.
B,FCTS TO RAIL WAY MERGER

BJECTS TO RAILWAY MERGER
.,t;on !. O-cuncns cf Ten Thcu.
AND words and Details At Length
=. H,s,orv Of the Proposed consoI.
a,,,oo-Numeer OF Reasons Given
: SUPPORT Of the Allegation That the
Combine Is illegal.
yashlngton. Jan. S.-Attorney Cen
!, wallace II. Douglas Of Minnesota
tlea in the United States supreme
,r, The bill of complaint In the case
rho state Of Minnesota. complain
against the Northern Securities
nnanv defendant II IL long doc.
,aent about 10000 words, covering 81
,es of printed matter The bill first
,.n,s out the direct interest the state
m The proposed consolidation. i;
II owns more than 100000 acres q.
lbl,c lands valued NJ more than SIS
Is 90 and travcrsea In part hy the
rs of the Great Northern and North.
~ Pacific. Ii the merger IL effected
h.se roads will cease 10 build spurs
no these lands or compete for their
aisjuess. The value Of the lands VII
II increase as IL has under the spur
competition and the state VIII lose
h the taxable value of It's property
re lands will not be opened for years
kna development Will hc arrested. II
! next set up that the state expcnds
|4ore than 100000 annually in the
tneration and maintenance OF It's edu-
Rational. charitable and other public
institutions that this Is mostly raised
r. direct taxation. that the amount
k hieh can be raised and the successful
maintenance of these institutions Tor
L. benefit of its citizens depend large
IS lpon the value Of the real and per.
Soaal property within the state. which
h ia~n depends largely upon fr.. rail!
cad coupctition. II VAS been the set
Il policy of the state To encourage
failroad bui'ding by grant of lands and
D. his Nay over lO.Iuu. .bt'v acres have
TN granted. nearly all OF which has
h. rrartua 10 the Great Northern
|nri Northern Pacific and their sub.
|s.oIait eumranics. The complainan;
|a'leses that the rates on the immense
shipments of wheat and other mer
Ifhaudis. over the lines Of III. two
companies have been lower than they
WILL lee under any Arrangement which
cputcIni atos unity Of control. The
vi then recif.s the charters and In
corporations under which the Great
Northern operates s.5ea miles Of road
and cites the clause In Its charter pro-
sidinG that It's affairs are 60 be- con
Gnc'"d by board of directors which
i e. 10 al things necessary and not
Inconsistent with the constitution and
laws OF the United States or the laws
Of this territory or this act" II Is
further alleged that James ]. Hill
Holds , Controlling Interest
IN the 1925 .oo0. 900 og capital stock.
The history and charters OF the North.
srn Pacific are similarly related. spe-
eial attention being paid tn the roads
acquired and built within the state.
ny filing its articles OF incorporation
In Wisconsin with the Minnesota au-
thoriiies the Northern Pacific became
subject to all the laws. regulations and
provisions Of Minnesota. The facts as
10 the present personnel of the dircc
tory. the insolvency Of the old com
pany and its reorganization in 1893
and the purchase OF the St Paul and
Duluth road in 1899 are recited NJ
length. II Is set up that the lines of
these two systems are not only com
p"iitive between points within Min
hesofa but that they furnish the only
competitive lines between Minnesota
ana Puget Sound and have so furnish
81 Tor III years. They are also with
one exception the only lines traversing
Northern Minnesota. a paragraph is
devoted to the Burlington and the
iatts as 10 the terms on which its con-
lFoi was obtained by the two systems
Jointly. Charles T.. Perkins. its former
president and present director. being
director I'm the Northern Securities
company. The certificate OF incorpor
alion of the latter. filed in New Jersey.
.ov. IL. 1901. is quoted In full.
Faking up the Northern Securities
company II Is set forth that IL was or
fahized by James J. Hill. W. r.
'ioneh. J. Pierpont Morgan and 9th
or associates To the oratrix unknown" :"
VINO at the time were continually In
conference over means by which the
laws OF Minnesota might be success
lnlly evaded or avoided. and that II
was SO organized solely for the pur-
pose Of enecting n consolidation of the
Treat Northern and Northern Pacific.
III" owners OF large majority of the
,tnck Of the two systems had agreed
beforehand TO transfer to the new COM
Ihhy 70 per cent Of the stock Of the
Two systems on termfs which are set
lorth In full and to retire the preferred
s'ock OF the Northern Pacific. In
.ailhcrance of the plan to cyade the