New-York tribune., 1902-09-02
SECURITIES co s ANSWER.
FILED YESTERDAY WITH CLERK OF
COURT IN MINNESOTA.
OTHER DEFENDANTS IN RAILWAY MERCER
SUIT JOIN IN EXHAUSTIVE DENIAL
OF COMPLAINT

OF COMPLAINT
st. Paul. Mimi, Sept 1.-The defendants IN
the merger suit brought by the state OF Mime
sofa fled their answers this afternoon in the
office Of the clerk OF the United States Circuit
Court. The suit was brought nv the State
against the Northern Securities Company.
James j. Htl president of that company.
James j. Hill an Individual the Great
Northern Railway Company and the Northern
Pacific Railway Company
Ihere Is one answer for the securities COM
pany and Mr. Hill in his character as presi-
dent and individually. one for the Great North
ern ana one for the Northern Pacific. But the
answer Of the securities company and Of Mr.
Hill sets up all the matters of defence. and the
railways IN their pleadings simply follow the
securities companys answer. with such changes
OF phraseology as are required hv their di-
verse characters.
The main answer, that of the securities COM
uany' Is more than usually direct and plain for
a legal pleading
III tiilS tne defendants deny that the Northern
securities Company has ever conducted any
business in Minnesota or had any nIace of bust
ness, or owned anv property in the State: and
tne railways, the property of the Eastern Rail
way Company of Minnesota are operated by
virtue OF lease to the Great Northern Railway
company They also deny that James J. Hill
was, on November 13 1901 or that he has ever
been, the owner Of or in the possession or con-
troll of, or had on said day. or at any time sub
ject TO his direction or disposition more than
majority, or more than portion far less than a
majority, Of the capital stock of the Great
Northern company. They deny that the North
ern Pacific Railway Company ever became
corporation Of or within. the State Of Minnesota,
hat
of, except by fling copy of its articles with
the Secretary of State and complying with the
statutes relating 70 the admission to the State
of railway companies organized under the laws
of other States They also deny that the North
ern Pacific company's lines have since the or
ganization OF the securities company been oper-
ated subject to the dictation or control Of the
officers Of that company, and deny that the
board Of directors of the Northern PACING com
pany, when the bill was filed, or at any time
since, have been the persons named in said BILL
on the contrary, that the board OF directors OF
said company was, when the bill was fled. and
ever since has been composed as follows; George
F Baker. Edward H Hartman, William P
CIough, Brayton Ives D. Willis James, Jonn D
Kennedy. Daniel s Lamont, William Rockefel-
lev Charles Steele. Samuel Spencer. James Still
VA, E-ben r Thomas Hamilton Mex Twom-
W.
Paul. Samuel Rea.- of Philadelphia
COMPETITION NOT LEssENED-
-rbe1- admir- that cities and towns named In
the bill are points each OF the Two HheS VI
railway. but deny that the lines between these
noints are parallel OF that the lines cornpeteu
for freight or passenger traffic between salo
points in any different manner or by any greater
ex,a,+ nrfor to the formation Of the Securities
80 H17
the formation OF that company. and will con-
tinue to DO so in the future They deny that
the lines OF the defendant companies between
the State of Minnesota and Puget Sound were
or are parallel. or have ever been competing
lines except at a few points, at nearly all Of
which points they competed and stiIl compete
with the lines Of other companies. They deny
that the defendant companies have competed
with each other for passenger or freight traffic
in any other or different manner or TO any great
er extent than they have continuously 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 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 con-
Meeting the Pacific Ocean by rail with points OF
said State. or that they are the only lines con-
Meeting the territory Of the northern tier of
States or the territory tributary thereto by rail
with the Pacific Ocean
They admit that large quantities Of swamp
land were granted by the United States 10 the
State Of Minnesota. but have no information as
10 what quantity. if any. of said lands now
owned by the State TO the value. If any,
of such lands or any of lhem. or TO what ex-
tent If at all the value or STABILITY Of said
lands depends upon competition OF any kind be-
tUeen the defendant railway companies or upon
the construction Of railway lines by both or
either of the defendant companies.
re,,,- that sour or branch lines built into ter
-,+ory adjacent 10 its railways or into new ter
-i+or1- nv reason of rivalry between the COM
nanias or that the construction of such spur
o- branch lines has been or will be prevented or
,essaned or deferred or in any way affected by
tta sorr7arfon Of the Securities Company
r,ar,- that any of he matters alleged i'll the
hill have prevented or hindered or will prevent
49, tir5a~ the construction by he state or by
49,. authorized by the plaintiff of railroads
49, the State may deem necessary or advan-
-, - hiring its swamp lands into market
- their settlement and occupation.
-. ~. plaintiffs ownership and mainJe-
=, - certain institutions named in the bill
-s o.,,,;, that small portion of the supplies
. 800 of these institutions requires to be and
It, over the line of one or the other of
-, sa+andant railway companies
GOV that except the grants Of swamp
toned the grants by the State in aid
,,,s in Minnesota we're made by the
-, and state of Minnesota merely in
...,-, Of trusts rePOsed in them respectively
- Congress granting lands Of the
I@,,ad stares to aid in the construction of such
railways ,ro,,o-t,. 80 said
-. ar state each Of whom was mere
leiiI'ol' -@.- the title of such lands from