Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-27

WHAT MlNNESOIA AHhp'
The state of Minnesota In attempting
TO enforce It's statutory right and
remedy by means of this action Is not
asking this court TO enforce anything
contrary to the declared public policy
Of New Jersey or of the national gov
eminent, The declared public policy
OF New Jersey and the United States is
against the consolidation aud unifCa-
ton OF competing lines Of railway and
the removal Of competition in freight
and passenger rates. This policy Is
declared In the so-called Antitrust
law Of the United states which has
been before this court on several oc-
casions.
1t will be noticed that the statute of
Minnesota prohibits not only the con-
solldation Of the property and railway
lines Of competing companies, but 1t
also prohibits the consolidation Of the
stock OF such railway companies In any
way whatever This statute Is part
Of the general law Of the state author
lzing the formation Of railroad corpora
lions, and Is an obligation or limitation
which enters into and forms a part Of
the stockholders contract with the
state, and IS therefore binding upon
the Northern Securities company. This
company cannot complain of an en-
forcement Of this contract obligation or
the state statutes because It claims TO
be stakeholder in these railroad com
panles, The Northern Securities COM
pany as declared by It's articles of in
corporation, was organized TO purchase
the stock Of railway companies In the
state Of New Jersey or any other state
IN the union and to vote the same.
From this II follows that any stock
Of railway company acquired by It
outside the state OF New Jersey is sub
ject to all obligations or limitations i'm.
posed upon such stock as well as the
corporation issuing IT,
SITUATION SUMMARIZED.
The situation can thus he sumnfar.
ICED.
The holders Of large majority Of
the capital stock of two railroad cor
TOrAtiOns authorized to construct and
maintain lines within The limits Of the
state of Minnesota have organized a
corporation In another state for The
express purpose Of consolidating the
railway lines and property VI such
companies and eyadng aud In violation
Of The laws of the state OF Minnesota
which bear directly upon and give the
tate and lis citlzene certain rights and
privileges In connection with tie prop.
erty owned and controlled by the rail-
roads thus sought to be consolidated.
The only way in which The state can
reach such an evasion Of ne laws and
enforce It's rights is to bring an action
In this court against the instrument or
. means by which such consolidation Is
sought 20 be accomplished, II the state
OF Minnesota cannot avail itself Of the
original jurisdiction OF this cour, To
enforce It's right II cannot go into the
state OF New Jersey and ask the courts
OF that state 70 enforce It's rights be-
cause The same reasons urged against
the Jurisdiction Of this court could be
urged with equal force before the
courts of New Jersey.
The bin dlscoseg that this eonsclda-
ton embraces about lIOOO miles OF
railroad, furnishes nearly all the trans
portation facilities available 70 the
people OF seven different states OF the
Union which seven states embrace
more than one-hfth Of the entire area
OF the United states and nearly one
twelfth II It's population
ARE THE STATES PoWERLEss?
II what is attempted TO be done here
can be successfully accomplished the
states OF this union are powerless TO
enforce such statutes. The national
government, under its present consul
utional limitations can enact no legis-
lation which will protect state cont
merce and state traffic against such
t..ti ,,f,ag1fIn tigF1 lie
ferred 10 In this bill The only prac-
teal way the state can protect Itself Is
by the adoption OF legisla ion Of the
character sought TO he enforced In this
action and the only tribunal IN which
that can be enforced under the circum-
stances disclosed In this bill is the on
10 which we now appeal. II seems to
us that there is a controvc sy between
the state OF Minnesota and the defend
ant corporation--a citizen OF the 'late
of New Jersey--whlch under the con-
stih,tional provision referred 10 entities
tho state OF Minnesota 10 the privilege
NJ the Jurisdiction Of this court In fact'
his Is the only Judicial tribunal IN
which the state Of Minnesota can wen
assrrt its claim and prcsen' iis con-
troversy against the defendant
MIR. GUTHRIE ANSWERS
Mr.. w d. Guthrie, for the Northern
Securities company. filed brief with
ihe court, outlining that companys po-
sitipn He contended that the bill OF
cnmplalnt proposed to be ned on behalf
Of the state of Minnesota does not pre-
sent n controversy OF q civil and JUDI
cial nature between a state aud cltl-
zen OF another state justifable IN TINS
court. and that no state can call upon
this court to enforce ita penal or po-
lice laws in other states Hence TINS
court is without jurisdiction.
The bin asks the court ne san 10
restrain by Injunction citizen OF New
Jersey from doing there acts when are
entirely lawful according to her laws
and which are sanctioned by her statu-
torv pollcy. simply because those acts
violate or eyade or tend 20 circumVent
the puhllc or penal or police laws OF
Minnesota. the complainant state
There Is he continued. no suggestion
that the acts complained OF arc not en-
tlrely lawful In the state Of New Jer-
SOW or that u ie rot within The cor
porate powers of the defendant cor
noration az an Investment company 10
acnuire end hold the stocks Of railway
companies The sole ground Of com
paint is the alleged violation In New
Jersey OF certain enactments contained
in the statutes Of Minnesota, Hence
he contendel thoi the Injunction prayed
for would be nothing more or less than
an order compelling the Securities COM
panv TO obey ia New Jersey the laws
Of Minnesota.
He called attention 20 the tact mat
no relief IS sought against the Grea,
Northern Railway company or the
Northern Pacific although both are
corporations OF the state Of Minnesota
and therefore within the Jurisdiction OF
the courts OF that state. This was
taken. he said rs a confession thar
neither OF these corporations hau
slnned against the laws or the cons'i'l-