The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1902-01-09

on lines of the state, determine what
trains shall be run, remove all compe-
tition, and prevent the building OF
lines into new country or into competi.
tihve territory. This agreement and
the consummation thereof is claimed
to be "in restraint of trade. against
public policy and void" Under its
terms the directory of the Northern
Securities company may change its
own rules or may delegate all its au-
thority to an executive committee. It
is pointed out that Hill, the president,
w. p. Clough. the vice president. and
E. I. Nichols, the treasurer and sec.
rotary of the company were all at the
date of its organization. officers OF the
Great Northern and that majority of
its directors were also directors of the
Northern Pacific. 1t has been the set.
tied policy of the state to prohibit con-
solidation of parallel or competing
lines and the law of 1874 in which
such prohibition is made, is quoted in
full as well as the simplifying act of
1881 and the antitrust law of 1899.
prohibiting any combination in re.
straint of trade. 1t is set up that the
Northern Securities company is rail.
road corporation within the meaning
OF the Minnesota laws and that its de-
sign is to evade. escape and violate
these laws in such way as to cause
the state "irreparable injury" 1t is
not the owner of any other property
or stock or securities and is engaged
in no other business save that of man
agement and control of the Great
Northern and the Northern Pacific.
Already, so it is alleged, James ]. Hill,
as president of the Northern Securities
company. has dictated, changed and
controlled the policy of the two con-
stituent roads. and during December,
1901, it is alleged, the general manag.
ing officers of the Great Northern, act
ing under his direction, took charge
of and are now engaged in managing
large portion of the business of the
Northern Pacific. 1t is alleged that
it is the settled policy of New Jersey
To Allow the Consolidation
of only such railways as are, or can
be connected, to form continuous lines
and not to permit the consolidation of
parallel or competing lines. The or
atrix claiming to have no other ade-
quate remedy or relief, except as pray
ed for in equity, asks that the defend
ant be required to show cause why it
should not be perpetually enjoined
and restrained.
of the stockholders OF the Great North
ern and Northern Pacific the capital
stock of these companies and from at
tending in any manner such meetings.
Second-From aiding, advising, in
terfering with, or in any way partici-
pating in the management of the two
systems.
Third-From permitting any of its
officers, agents or servants from acting
as representative, director, officer or
employee or exercising any control,
management or direction over I the
same.
Fourth-From making any arrange
ments or combinations having for their
object such joint control.
Fifth-Fromsholdin owning or con-
trolling any of the stock of either COM
pany, the defendant company being re-
quired to reassign or retransfer all
such stock to the person from whom it
was received, taking in return its own
stock issued in exchange therefor and,
meanwhile to be enjoined in all re-
spects in relation to said stock as here
in-before prayed for.
Sixth-From receiving any more
stock of the two companies, in case it
shall appear that the defendant COM
pany has not yet acquired controll-
ing interest in either.
Seventh-The oratrix prays permits
sion to amend the complaint if neces.
sary and bring in other parties for the
purpose of giving force and effect to
any decree of the court, and asks the
courts to issue subpoena against the
defendant company ana set a day for
the hearing.
Besides Attorney General Douglas M.
D. Mum of st. Paul and George P.
Wilson of Minneapolis are named as
counsel.
The proceeding in the court ives
very brief. Attorney General Douglas
was recognized as, soon as the court
was convened and he then moved "for
leave to file and present bill of COM
plant on the part of the State of Min
nesota against the Northern Securi-
ties company" Chief Justice Fuller
consented and Mr.. Douglas handed in
his bin of complaint and also a brief
citing authorities. The court took the
motion under advisement, as USUAL in
such cases, and will give it's decision
in due course of time.