The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-28
To FILE BILL AGAINST
SECURITIES COMPANY.
Minnesota Attorney-G General
Argues His Case
BEFORE SUPREME COURT.
Claims This Right as Only Rem
edy That State Has.
THE OTHER SIDE PRESENTED
Mr. Guthrie and Attorney sGsneral Griggs
Spoke for Northern Securities Company,
Arguing That the Bill Was an At.
tempt to Enforce Laws of Min
nesota on the state OF
New Jersey,
Claims This Right as Only Rem
edy That State Has.
THE OTHER SIDE PRESENTED
(By Associated Prcss.)

,c,u1>CToN 1,r ~, J-n;tod
e.+.+os c,,nror,e Court to-day Attorney
C.,nar.1 I1n,,c,.,ss If NIinnesot, renewed
Ri 1,,ot;oy fe,. ,-c ia ill. a hill of com
,,,i,,+ ~, baI,,,f NJ the state against the
Nar+,,.,,, SanI,rit;es sC,rfrnnany in, tho mat
49, of ,,,a.,ra,. ~ +f,,2. Northern Pacific
% 3;,,.o.d lit tl,cr ra;Iroadv saving that
~ ,,oI ,.;ta 10 S4I,a defcndants
as racr,;red bv The court
w n Guthrie for tl,e Northern Sc
cu,.tias Company, filed n brief with the
court ort,inin, that compaIy,s position.
A+torna,,- General gDo,,rlsss made an ar
o1,1,,on+ in srnnort or tho motion for
1e,,Io 70 n,a his bill Ssof comDlaint. Mr..
Douc,ass made the Following points in
s,,r,o1.t of the right Of t1,e state to file
an original s,,it in This court.
rrbe cnmn1a inant bases It's request for
,o.1o 10 flo and 1,rosent its hill Of COM
anlain+ 1rnor section ? article 3. OF the
C,onstit,,tion ar the United States. which
GIANTS ORIGINAL iuris1iction to this court
in ali controversies between States and
between =, state and a citizen Of another
state: also mon conversational enactment
relating thereto-section 6S7 ct seq. Re
,,jsnd S+.+ee of tho ITnite, states
.rrho ,ip.bt Of a state TO invoke the iu-
risdiction of this court TO protect its
snronnrtv aud indiyidIIaI rights and inter-
cstS in an action against citizens OF sis.
for States has long. been recognized The
state Of Minnesota owns upward OF three
million acres of land within its limits,
which, is near to or in The territory alone
trayerscd lv the two railways in a,es-
ton: and the State isS dependent almost
entirely ilpon those roads for the devel-
opment of this land and tho furnishing
OF transDortatio,ls facilities to .tIlf. same
The value of these iaJB,Starld their s;ila-
-bility will be greatty Impaired by the
consolidation. The Income of the State
I1.x
nance of State Institutions as we'll as
the performance of its executive leGisla-
tive and judicial functions, will be Sc
rously impaired and nterfcred with by
reason of such consolidation. The State
has granted many millions of acres of
land to various companies as considera-
ton for building and maintaining paral-
lei and connecting lines of railway within
the State. many of which roilway. lines
are now owned or controlled by either
the Great Northern or Northern Pacific
Railway Company. 1t is therefore,, sub
nlitted that the State of Minnesota is
far interested, in it's individual capacity
in the subject matter of this action, as
to entitle it to maintain the same.
ANOTHER RIGHT.
The State also claims the right to main
tain this action as Darens patriae, or as
trustee or representative of all her citi-
zens a very large portion, if not all,
of the citizens of Minnesota, will be ma
teriallv injured by the consolidation of,
and the removal of competition in freight
and passenger rates between the lines of
railway owned and operated by the two
companies We take it that this court
will assume that the citizens of the State
generally will suffer material injury by
the removal of competition in freight and
passenger rates within the State. Pre-
sumably it was in recognition of this
hot oSn nj no
r. trlst law ' # Is in recoSnition Of this