The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-02

WASHINGTON, D. c., March 1.-The
supreme court announced its decision
Monday in the suit of the state of Mime
sofa against the Northern Securities com
pany, in which a bill in equity was filed
praying for an injunction TO prevent the
consolidation of the Great Northern and
Northern Pacific railway systems. The
court refused to entertain the bill and
threw the suit out of court. The full text
of the decision aggregates more than
10000 words. a large past ot 1t is taken
up with the bill of the compIairants,
which is set forth in full. The remainder
Of the decision, which was delivered by
Justice Shiras is as follows:
Whether a bill in equity filed in this
court in the name D: the state, which
seeks 10 prevent by Injunction coIrorI-
ton organized under the laws of another
state with power TO &c lu!re ana hold
shares of the capital stock OF any other
corporation from obtaining and eXercls-
ing ownership and contro! of two or more
competing railroad companies OF the
complainant state so as to evade and de-
feat its laws and policy Corbtdding the
consolidation of such railroads when par
allel and competing, pres MS the case o.
q controversy of q civil nature where Of
this court had Jurisdiction under the con-
stitutiOn and the laws of the United
States, and whether the bill III the pres
ent case is of that description, or WhGGner
1t is the case of q suit brought by q
state to enforce it's penal statutes and
hence within the principle OF the declS-
ion in Wisconsin VS.. Pelican Insurance
company Q27 L. S. 265) are questions
which have been ably discussed by coun-
sci.
But if is not necessary for us to con-
slider and answer those questions, Tor, IN
view of the nature of Tue facts present
cd and the remedies prayed for III the
bill proposed to be fled we think that
the suit is defective for want Of essential
parties whose rights would De vitality al
fected by the relief sought therein.
The general rule in equity Is that an
PEI sons materially interested, either le-
gaIly or benefcially, in the subject mat
ter of a suit are to be made parties TO II,
so that there may be a complete decree
which shall bind them all. by TINS means
the court is able to make complete de-
cree between the parties to prevent fu-
ure litigation by taking away the neces-
sity of a multiplicity of suits, and to
make it perfectly certain that no mus
nce is done, either to the parties before
1t or to others who are Interested IN Ire
subject matter, by a decree which might
otherwise be granted upon a partial view
only of the real merits. When al the
parties are before the court the Whole
rase may be SEEM but it may not, where
all the conflicting interests are not
brought out upon the pleadlngs by the
original parties thereto (Story's Ia.
Plds., Sec. 10
The established practice of courts Of
equity to dismiss the plaintiffs bill, i II
appears that to grant the relief prayed
for would injuriOuSly affect persons MAJ
terially interested in the subject matter
who are not made parties to the slit, is
founded upon clear reasons, and may be
enforced by the court, sua SpOntH,
though not raised by the pleadings or
suggested by the counsel. (Shlelds VS.;
Barrow II How. 100; Hipp vs.. Bahln, IL
How. III, 27S; Parker vs.. Wooden CO..
2 Black, $50
Three Classes of Parties.
In the case of SHEDS VS.. Barrow, alb
supra the question was fully discussed,
and it was shown, upon, a review OF the
previous cases, that there are three
classes of parties to a bill in equity.
They are: 1. Formal parties. 2. Per
sons having an interest in the contr0-
NerSy. and who ought to be made par
ties in order that the court may act On
that Iule which requires 1t to decide on,
and finally determine the entire contrO-
vcrsy and do complete Justice by adjust
irg all the rights involved in it. These
persons are commonly necessary p.rteS;
but if their interests are separable from
those Of the parties before the court, so
that the court can proceed to a decree
and 90 justice and final justice, without
affecting other persons not before the
court the latter are rot Indispensable
parties. 3. Persons who not only have
an interest in the controversy, but an
interest of such a nature that a final de-
cree cannot be made without either af-
fecting that interest, or leaving the con-
trONcrsV in such a condition that its final
determination may be wholly incOnS.s-
tent with equity and good conscience
The court in respect to the act OF con-
gress of Feb. Is, 1899 6 Stat. 32D. and to
The forty-seventh rule in equity prac-
tiCe, said:
THE first section of that statute en-
acts: That when in any suit, at law or
IN equity, commenced in any court of the
United States there shall be several de-
PENDANTS, any one or more of whom
shall not be inhabitants Of or found wi h
IN the district where the suit is brought,
or shall not voluntarily appear thereto. it
shall be lawful for the court to entertain
Jurisdiction and proceed to the trial and