The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-09-02
A LONG LIST OF DENIALS
In Effect All Manner of Unlawful
Combinations.
THERE ARE SEVERAL ANSWERS FILED
One Of these is For the Securities Company,
One for the Great Northern Railway
and One For the Northern
Pacific
(By the Associated Press.)

st. Paul, Mimi, Sept. 1.-The defendants
in the merger suit brought by the State
of Minnesota, filed their answer this af-
ternoon in the office of the clerk of the
United States Circuit Court The suit
was brought by the State against the
Northern Securities Company, James ].
Hill as president of that company;
James J. Hill as an individual, the great
Northern Railway Company and the
Northern Pacific Company
There is one answer for the Securities
Company, and Mr.. Hill in his character
as president and individually, one for the
Great Northern and one for the Northern
Pacific.
But the answer of the Securities Com
pany and one of Mr.. Hill sets up all
the matters of defense and the railways
in their pleadings simply follow the Sc
curities Company answer with such
changes of phraseology as are required
by their divers characters.
The main answer, that of the Securities
Company is more than usually direct and
plain for legal pleading
Defendants deny that the Northern Sc
curities Company has ever conducted any
business in Minnesota or had any place
Of business, or owned any property in
the State and the railways, the property
of the Eastern Railway Company of Min
nesota, are operated by virtue of a lease
TO the Great Northern Railway Company.
They also deny that James J. Hill was.
On November %, 1901, or that he has
ever been, the owner or has control of,
or had on said day, or at any time, sub
ject to his direction or disposition, more
than a majority. or more than a portion
far less than q majority of the capital
stock of the Great Northern Company.
They deny that the Northern Pacific
Company became a corporation of, or
within the State of Minnesota, or that
it ever became subject 20 the laws there
of, except by filing copy of it's articles
with the Secretary of State and comply
ing with the statutes relating to the ad-
mission to the State of railway COM
panies organized under the laws OF, other
States They also deny that the North
crn Pacific COmpany's lines have since
the organization of Securities Company
been operated subject to the dictation or
control of the officers of that company
They admit that cities and towns
named in the bill are points on each of
the two lines OF railway, but deny that
the lines between these points are par
ellel or that the lines competed for
freight or passenger traffic said point in
any manner or by any greater extent
prior to the formation of the Securities
Company than they have at all times
done since the formation of that COM
pany and will continue to do in the
future. They deny that the defendant
companies have competed with each other
for passenger and freight traffic in any
other or different manner or to- any
greater extent than they have contin-
uously done since the formation of the
Securities Company, and will continue to
do in the future. They admit that the
lines are the only lines of a single rail
way company traversing east and west all
the northern tier of States west of the
Mississippi river. They deny that these
lines are the only lines crossing the
State Of Minnesota and connecting the
Pacific Ocean by rait with points of said
State, or that they are the only lines
connecting the territory of northern tier
of States or the territory tributary there
to by rail with the Pacific Ocean.
They admit making large shipments
of wheat and other products from and to
the DldGeS named III the Dlil luty ACug
that competition between the defend
ant companies of OF traffic between said
places was, prior to the Organization Of
the Securities Company. any sharper or
more active or more productive of lower
rates for freight or passengers than it
has been at all times since such organi-
zation, and still is. and deny that such
rates have been at any time since the
organization of the Securities Company,
or now are. or will be any higher than If
said company had not been formed.
On the contrary they say that since the
formations of said company such rates
have already been largely reduced and
are now, and will continue to be- lower
than those stated in the bill to have been
secured by the sharp and active compe
tition therein alleged
They admit the organization of the Sc
curjties Company and that il was organ
lied for the purpose set forth in its ar
ticles and for no other purpose what
ever They admit that after the forma-
tcn of the Securities Company, and on
November %, 1901, that company did re-
quire of the Great Northern Company
to purchase such of their shares as
would be offered within sixty days from
Continued on Page Fivel