Barre evening telegram. (Barre, Vt.) 1898-19??, 1902-02-07
VAN SAINT ON MERGER
What MinnesOta's Governor Says In
Message to Legislature.
SEEKS FUNDS FOR CONTEST.
Says No Additional LegislatiOn Re-
garding Such Railway COnsOlida-
ton Is Required NOw-May
Appeal to the People.

st. Paul, Mimi, Feb. Ex-Governor
Van SAINT in his message to the legisla-
ture. assembled in extra session to re-
ceive the report of the tax commission,
had this to say of the SO called railroad
merger:
Eat this time | desire to inform the
legislature of the suit brought by the
state of Minnesota against the North
ern Securities Company Of New Jersey.
Believing that this corporation was or
ganized for the purpose of evading ana
violating the laws of Minnesota ny
consolidating the properties or the
Great Northern and Northern Pacific
companies, which companies run par
allel, and competing lines of railway
within the state. requested Attorney
General Douglas to bring suit in the
name of the state to prevent such con-
solidntirn MS.
THAT the Northern Securities COM
pany can and. if not prevented by the
courts. will merge or consolidate the
lines and property of the two railroad
companies under one management IS
evidenced by reference to sections 3
and 1 of the articles of incorporation.
The powers there given are as broad
as language can make them and au-
thorize the Northern Securities COM
pany not only to vote the stock of the
Great Northern and Northern Pacific
companies and thus exercise all the
powers u,d privileges of ownership
and control. but specifically empower
the corporation to do any acts or things
designed to enhance the value of the
stock of the companies mentioned,
which, of course. includes the right to-
increase freight rates directly or to
change the classification of freight So
as to increase the rates.
The Montana Conference.
"Knowing that several other states
in addition to Minnesota would be af-
fected by this consolidation and that
the declared public policy Of such
states through constitutional or legis-
lative provisions was similar to that
Of our state, deemed it wise to call a
conference Of the governors and attor-
news general of the states through
which the lines of railway pass in or
der that such method Of procedure
might be adopted as would be uniform.
This conference was held in Montana"
The governor read the resolutions
adopted at Helena which have been
published, and continued;
1T was determined. owing to'the I'LL
portance Of the case and for thes par
pose of getting the matter dis1osed' o.
at as early date as possible, to bring
the suit in the supreme court of the
United States in the first instance.
He recited the argument before that
court on Jan. u and added:
What the final decision will be ii 49,
difficult to, foreteII, but it does not seem
possible that Il New Jersey corpora
ton no matter what it's capt. alization
will be permitted to violate the laws
Of the sovereign state of Minnesota.
One Further Remedy.
..Lf the dhni decision should lie against.l
tl,e state. the battle is not then lost
There IS one remedy which never fail5s
and which is nlore supreme even tllaEs
the supreme court. l quote the Words
Of Judge Brewer in an address mada.
ut the bicentennial of Yale college. liz
which he said, in speaking of trussA.r
and the inability Of the courts to crush
chem. Appeal nlust be made to the
great court of public opinion, whose
DEGREES are Irresistible. In that court
every man is counsel and every man.ls
judge.
at iss Il pleasure 60 commend AttOr-
,ley General Douglas for the able ind
efficient manner in which he has en-
lea yored 10 >,ndis7te our laws. | learn
I'd f!s;m him thAt tlle cnuatlnents lpon
our statute books. are aIupie and thai
no additional legislation is required a.
This time. But if during your session
any further legislation should be need
ed | will Immediately communicate.
that fact to you, While. you have beeih
ca Ned together solely for the PURPOSE
of considering the tax code, yet in view
of the extraordinary expenses attend
ing this s4lit and the great array of
legal talent i'll opposition wolld sus-
sest that a sufficient sum of money be
placed at the disposal of the legal de-
partments to employ associate counsel
TO properly continue the litigation and
meet the expenses necessarily connect
ed Herewith"