Barre evening telegram. (Barre, Vt.) 1898-19??, 1902-01-28
Pos[{ion 81 Northern EeCuFitles t0m-
psny Outlined In Brief
oouRr'sJURIsDICTloN DENIED
Attorney Guthrie Argues That ESQ"
state should Control 1t" own
q. Affairs without Interfere"ee
From Federal judiciary

Washington, Jan. 2S.-In the Chlie"
Statas supreule court Attorney Doug
lass of Minnesota renewed ms tio,io'
for leave to file bill Of complaint Oh
behalf OF the state against the Nortn
az, Securities company in the matter
of tbe merger Of the Northern Pacinc
railroad with other railroads. saying
that he had given notice to tine oe'
PENDANTS as required by the court.
Mr.. w. ID. Guthrie for the Northern
Securities company filed brief WIN
the court outlining that conlpanys po
sition. He cOntended that the n'ti u
complaint proposed 10 be filed on pe-
half of the state of Minnesota does i"t
present n controversy of civil ana
judicial nature between "A state ana
citizen of another state justiciaDie III
this court and that 10 state can eau
upon this court to enforce its penal OF
police laws i'm other states. Hence thls
court is without Jurisdiction.
| In conclusion Mr.. Guthrie contended
for the continuance of the policy which
had prevailed. he said, during the MS
tory of the government OF allowing
each state to control its own aHalrs
without interference Oh the part or
the federal judiciary.
Brief by Attorney General.
A brief filed by Attorney Generai
Douglas in behalf of the state OF MIN
nesOta says:
"A part of the statute law OF the
state of Minnesota relating to railroad
corporation has been for nearly thirty
wears that no consolidation in any
manner whatever shall take place De-
tween parallel and competing lines or
railway within the state--that is one
of the conditions and considerations
demanded by the state for the right to
| he a railroad corporation and to eXef-
J else the powers and privileges OF such
( within the state is that free and open
| competition in both freight and passeii-
ger rates shall exist between the lines
of railway operated by such corpora
| tions-and the violation of these stat
utes Is violation of the contract rights
| or Obligations of the corporations as
| we'll as of the stockholders thereof
with the state and, as we contend.
gives the state the right to maintain
an action to enjoin such violation.
"The state of Minnesota in attempt
ing TO enforce it's statutory right and
, remedy by means of this action is moi
hi
contrary to the declared public policy
Of New Jersey or of the national gov
ernment The declared public policy
of New Jersey and the United States is
against the consolidation and unitica-
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 beer
before this court on several occasions.
The situation In Brief.
"The situation can thus be sulumar.
lied: The holders Of large majority
of the capital stock of two railroad
"orporltio authorized to construct
and maintain lines within the limits of
the state of Minnesota have organized
Il corporation in another state for the
express purpose of consolidating the
railway lines and property of surl,
companies ana evading and violating
one OF the laws of the state of Mnua
sofa, which bears directly upon anl
gives the state and it's citizens ccrtajv
rights and privileges in connection
with the property owned and contro
led by the railroads thus sought to he
consolidated.
1.-THE only way in which the state
can reach such I'm evasion of it's laws
and enforce Its rights is to bring nm
action in this court against the instru
ment or means by which such consoI
idatfon is sought to be ACCOMPLISHED
If the state of Minnesota cannst ayail
itself of the original jurisdiction of
this court to enforce it's right, it can
not go into the state of New Jersey
and ask the courts of that state to en-
force its rights because the same rea
sons urged against the jurisdiction of
this court could be urged with equal
force before the courts of New Jersey
"The bill discloses that this consol
datloR embraces about 1900 miles Of
railroad, furnishing nearly all the
transportation facilities available ia
the people of seven different states of
the Union which seven states embrac.
ed more than one-fifth of the entire
area of tho United States and nearly
one-twelfth of its population.
while it is not part of the duty of
the state of Minnesota to enforce tbe
rights Of the citizens of any other
state. and it does not seek to do so
we ask this court to turn to those
facts of which it has a right to take
judicial notice, and it will learn that
six of these seven states through which
these roads pass have constitutional or
statutory inhibitions similar to the ono
which the state of Minnesota now
seeks to enforce in this action We 70.
fer to this only for the purpose of dis.
closing the farreaching effect of th;s