The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-10-02

In dismissing the Camille Weiden-
1eld-Peter Power case against the
Northern Pacific railroad, Judge Ami
don, sitting in the United States dis
trict court at Minneapolis. subjected
Weidenfeld to an oral faying which
approaches the limit of Anglo Saxon
verbiage under the circumstances. The
text Of the courts opinion is given be-
low, and ought to be interesting read
Ing for anybody but Mr.. Weidenfeld.
Judgment for costs was given against
both of the compliments, and Weiden-
feld is said to be quite able to pay
them.
Judge Amidon declared among other
things, that Weidenfeld's conduct 'in
the bringing OF this suit and in it's
prosecution in the name of Peter Pow
er he has practiced an imposition upon
the court" After saying that 1t
passes belief" that Weidenfeld was
not fully cognizant of the manner in
which the case was being pushed in
the name of Peter Power, inasmuch as
he was behind the suit financially, the
court continued:
"Now in carrying forward the liti-
cation under these circumstances I say
he was guilty of a gross imposition
on the court; and when his adversary
has uncovered this fraud and disclos-
ed the real fact, it does not stand in
good faith or appeal to equitable con-
siderations for Mr.. Weidenfeld to step
forward and say: This fraud is I'M
:. covered and now I will take up the
burden of this litigation myself, which
thus far l have conducted under cover
of this imposition
Without mincing words Judge Ami
don declared Weidenfeld was guilty
of grossly improper conduct in bring
ing the suit in the name of a mere
dummy" He alluded to the COM
plainant as a party to that miserable
game of evasion and absconding on
the part of Peter Power" and "this
shameless game of ide-and- seek" and
declared he was morally responsible
for the fraudulent action of Power and
Lamb.
Text of the Opinion.
Following is the opinion as delivered
by Judge Amidon from the bench:
''There are two questions involved In
this suit; first, the right of Mr.. Weiden-
field to intervene, and, second, his rights
in the case If he is permitted to inter-
=, Vene. 1 have decided to grant the petit
ton for Intervention, and an order will
be entered In the cause granting the pc
tition of intervention of Mr.. Weidenfeld,
and entering him as party of record. L
do not do this wholly out of considera-
ton for Mr.. Weidenfeld. There are few
circumstances In his conduct in connec-
ton with the institution and mainte-
nance of this suit which appeal to the
discretionary. powers of a court of equity.
/ do not now refer to the contention
which has been put forth here by the de-
PENDANT that he bought the stock for the
purpose of instituting this suit, nor do
refer to any outside motives which may
have actuated him either in bringing or
maintaining the suit 1t has been stated
that the suit was brought for wicked and
wholly foreign purposes; for purposes OF
extortion and blackmail. On the one side
- that is stated. On tibet other side 1t is
stated that the evidence entirely rebuts
any such charge. Now, cannot under
take an examination of this record which
would justify me in passing pro or con
grave charge, and no court ought to in
innate as to the correctness of the charge
without very careful examination or
the evidence and weighing of all the
circumstances; so l make no intimatlon
upon that subject.
Plaintiffs Admission Significant.
''The features of Mr.. Weidenfeld's
conduct to which l have adverted relate
entirely to his conduct In connection with
this suit at the time of its inception and
in the course of its prosecution. The
original bill had for its primary object
the restraining of the Northern Pacific
ferred stock. Under the charter of the
company it's right to do that could only
be exercised on the first day Of January.
= Early In the month of November the
retire the preferred stock on the first day
communicated to the stockholders of the
company by official notice. Mr.. Weiden-
field, among others, knew of that fact,
and yet stood by and did not file his bill
until the 30th day Of December, when,
if he could have succeeded by virtue of
the temporary Injunction in throwing
the matter over on the first day of Janu-
airy, 1902, the whole matter would have
been defeated for at least another twelve
months. Today Mr.. Weidenfeld's coun-
sci appear here, on the final hearing of
this cause and say that the right Of the
Northern Pacific Railway company to re-
tire it's preferred stock is so plain as to
Sc beyond the realm of controversy They
raise no question upon that subject In
bringing these two ends of this lawsuit
together and placing them in contrast,
one can judge to some extent Of the mer-
itoriousness Of the proceeding.
Grossly Imposes on Court.
''The second feature Of Mr.. Weiden-
fields conduct that have in mind is the
fact that in the bringing of this suit, and
in its prosecution in the name of Peter
Power, he has practiced an imposition
upon the court. 1 know it is claimed by