The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-07
MERGER CASE
MAY FALL FLAT
Continued From First Page.

| when she voluntarily becomes com
plainant in court Of equity, cannot
| claim to represent both sides of the con-
| troversy. Not only have the stockhold-
ers be they few or many, a right to be
heard, through the officers and directors
| whom they have legally selected to rep
resent them, but the general interests
| of the public, which might be deeply af-
entitled to be heard; and that when the
| state is the complainant in a case like
| the present, can only be effected by the
presence of the railroad companies as
| parties defendant"
A Minneapolis attorney who has stud
led the decision expresses the following
opinion:
THE statement of the court is a re-
markable one. Decisions are many on
| the point that the attorney general is
the legal representative of the state, and
! is presumed to stand for its interests.
1.-The abrogation Of this rule is likely to
| lead to consequences that are not real
lied. If the attorney general, governor
and legislature do not represent the peo-
pie of a state, who does represent them?
l know no other way in which they can
! be represented.
THE Great Northern and Northern
| Pacific companies are represented in the
suit by the majority stockholders. If the
minority interests are affected at all, it
is to their protection, and not injuriously.
THE court goes even further how
ever, and by its language bars the state
of Minnesota from any action against
the Northern Securities company. The
question before the court is the jurisdic-
| ton of the supreme court, but in the
opinion it is also held that the circuit
court cannot entertain such a suit.
THE suit cannot be brought in the
state court, because the Northern Securi-
ties company is not within the juriSdic-
ton of Minnesota court5. = The states
hands are lied, so far as the great mer-
ration is concerned This iC a
most unfortunate situation, which
should be remedied. Now that the rule
is established, [ see no way to cnange
it except by an act OF congress express
ly comforting jurisdiction in such cases.
To conserve the rights of the people.
such an act should be passed.
Referring to that opinion last even
ing, Gen. George P. Wilson, of counsel
for the state, said:
Il am sorry that the story has gained
circulation that the state is barred from
taking action in any court. That state
! ment is not true, or, at the best, only
partially true. 1t will give the impress
sion that we ARE all in,'' so to speak,
and that our case is at an end, when,
as a matter of fact, we have not fairly
commenced. While some difficulties lie
in our path they are not unsurmounta-
BILE. AS a matter of fact, our case has
not been held up at all. and our prepare
tons are COINS on without delay or
hindrance We cannot announce our
plans, but we have several remedies in
hand for the existing situatioD>-severaI
methods whereby we can get our case
properly started, as we certainly will
do. My resolution passed by the senate
this afternoon has no bearing on the
merger case, as was distinctly stated,
and | trust that the action taken will
not be miSconStrued to mean that we
are discouraged or have lost hope or
are contemplating giving up the fight,
for we are not. We see our way OUT
| Gen. Douglas refused to discuss the
question, saying that an. expression of
opinion from him at this time would
not be proper.