Evening star., 1902-01-27
Proposed Merger Of Northwestern
Railways.
IN UNITED STATES SUPREME COURT
Minnesota Attorney General
Asks Leave to Enter Complaint.
THE COMPANY'S POSITION

In the United States Supreme Court to-
day Attorney General Douglass of Minneso-
ia renewed his motion for leave to file a
bill of complaint on behalf Of the state
against the Northern Securities Company
in the matter Of the merger of the North
ern Pacific railroad with other railroads,
saying that he had given notice to the de-
PENDANTS as required by the court
Chief Justice Fuller announced that the
argument upon this motion would be heard
later in the day, as soon as the hearing in
the case under consideration could be COM
p1eted.
Mr.. W. D. Guthrie, for the Northern Sc
curities Company. filed brief with the
court outlining that companys position.
Mr. Guthrie's Argument.
W. D. Guthrie opened the argument in
behalf Of the Northern Securities Com
pany. He contended that the bill of COM
plant proposed to be filed on behalf Of the
state of Minnesota does not present con-
troversy of a civil and judicial nature be-
tween state and a citizen Of another
state justifable in this court, and that no
state can call upon this court to enforce its
penal or police laws in other states. Hence
this court is without jurisdiction.
The bill asks the court, he said, to restrain
d
doing there acts which are entirely lawful
according to her laws and which are sane
toned by her statutory policy, simply be-
cause those acts violate Or evade or tend to
circumvent the public or penal or police
laws of Minnesota, the complainant state.
There Is. he continued, no suggestion that
the acts complained of are not entirely law
full In the state of New Jersey, or that it is
not within the corporate powers Of the de-
fendant corporation as an investment COM
pany to acquire and hold the stocks Of rail-
way companies The sole ground of COM
plant is the alleged violation in New Jer-
statutes of Minnesota. Hence he contend
ed that the injunction prayed for would be
nothing more or less than an order COM
pelling the securities company to obey in
New Jersey the laws of Minnesota.
He called attention to the fact that no
relief is sought against the Great Northern
Railway Company or the Northern Pa
cffic, 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 a con-
| fession 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 party to
the suit no relief could be granted against
them.
In conclusion, Mr.. Guthrie contended for
the continuance Of the policy, which had
prevailed, he said, during the history of the
government, of allowing each state to con-
troll its own affairs without interference on
the part of the federal judiciary.
Mr.. Douglass Argues.
When the preceding case had been COM
pleted Attorney General Douglass was rec
ognized to make his argument in support
Of the motion for leave to file his bill of
| complaint.
Other Supreme Court Cases.
Chief Justice Fuller today announced
| that the United States Supreme Court
| would take recess from next Monday un-
! til Monday, February "a. The recess will
| be devoted to the consideration of questions
already heard.
The Supreme Court today granted the
motions of the solicitor general to advance
| on the docket the five Chinese cases re-
Gently brought to the court involving the
validity Of the Chinese exclusion act The
hearing in the cases was set for the first
Monday in March.
grant permission to file a petition for a
writ Of mandamus in the cases of John W.
O'Brien. late United States weigher, and
James II. Cochenower and VIM. B. Shafer,
late inspectors OF customs In the Office of
| the collector Of customs at the port Of New
York. They were discharged year or
! more ago by Collector Bidwen and they
resisted the discharge on the ground that
| II was III NlOldllOl VI the civil service law.
They sought by this proceeding to secure
| the Intervention of the court to compel
their restoration to office. The court, by its
decision, declines to do so.
Long and Short Hauls.
A decision was delivered by the Supreme
| Court today in the case of the Louisville
and Nashville Railroad Company against
| T. r. Eubank, coming to this court on q
| writ Of error from the circuit court of
| Simpson county, KY. The case involves the
| validity of section 219 of the constitution
greater charge for short than for long nauls
| on railroads when the longer haul involves
| the question of interstate commerce. The
| opinion In the case was presented by Jus
| tice Peckham and holds that the provision
! as thus applied is void.