Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-27

.s supreme Voul' a..
s''S o,aslass Of Minnesota, renewed MS
v voaa for leave TO file DIN o. "g oV,
@I' On behalf of the state against
tR N~" ,nc merger Of the Northern
raVa 'nroad with other railroads
Nr NJ had given notice to the ue-
s ,.,a,ls ! ,s required by the court.
rslst Justice Fuller announced tnas
!, argument upon this motion ,a wou ia
~ later in the day, as soon Us
l'aI ,,g IN tbe case under consldera-
I. ,o,,s be completed
Wv ",,'" ,be preceding case had been
,s,s,sd. Atty. Gen, Douglass was rec
s salad 70 make bis argument IN M sup Up.
YAK me motion for leave TO file ms
N Of complaint .,.
NJ Douglass made the io'iowns
pRls IN suppVi' " ''N ~
'ne to hle an original suit IN TINS
olrl .,,nr ,>,r
no complaint bases It's request for
~, N ale and present It's bin Of com
s'la, nnon section ?, article 3 of the
,s.iInlIcn Of the United states, Whiqn
Asn,s original Jurlsdiction to TINS
l"r, IN all controversies between STAGES
.,I b1,wen A state and citizen of an
,,s, late also upon congressional en-
'' l relating thereto-sectlon 6Si ct
Nd revised statutes OF the uhlteu
states ..,,. ,ho ,,r
tllelloe OF this court TO protect its
,oterty and individual rights and IN
',,sts In an action against citizens OF
gssr states has long been recognized,
IN, sale OF Minnesota owns upward OF
Mes million acres Of land within us
ms which Is near TO, or In the ter
J,ory alone uayersed by the two rail-
yms N question, and the state Is de-
teoi,al Utmost entirely upon these
,o,J, FOR he development OF this land
,nlAe furnishing of transportation Ia
thw % the same. The value of these
Ma, apd lheir stability VIII be great
Il ln.aiged by the consolidation. The
Ecre Ii Tie state derived from taxa
tbe n hg maiatenace Of state insti-
ue, q weA as the performance OF
N Gssye, legislative and the jul
| dial ulli0ns WIN be seriously Inn
pisi ID. mieflered with by reason of
sNl alsJadaton The state has
gssla many millions OF acres OF land
bu'tM companies as a consideration
iG t'iAg aud maintaining parallel
mlamre,hng lines Of railway within
m ratt, many Of which railway lines
ip gos ogned or controlled by either
heGeat Northern or Northern Pacific
Railway company 1t Is therefore sub
nhttd that me state Of Minnesota is 30
far lltessied, IN It's Individual capac-
IT, Ia the subject matter Of this action,
as 70 gnliNt II TO maintain the same.
AS PARENs PATRIAE,
The state also claims the right to
maintain this action as parens patriae,
o. R trustee or representative of all
her citizens A very large portion, II
not all, Of the citizens of Minnesota,
SUI be materially injured by the con-
N.liatlon Of, and the removal Of COM
petition In freight and passenger rates
b'lgetn the lines Of railway owned and
operated by the two companies. We
take j that this court will assume that
NE citizens OF the state generally Will
suhel material injury by the removal
Of Comntition in freight and passenger
rates within the state Presumably 1t
vas n recognition Of this principle that
congress adopted the antitrust law.
Ihe statutes Of the state of Mime
s'Ia The enforcement of which form a
lflal basis for the relief sought, are
N no @dse penal statutes; they pro-
vac no punishment for their violation.
lley are not only not penal but we
ulR lorm part Of the contract which
sgv lAe state the right to maintain
ws action both in Is individual ca
Is'ly as wen as that Of parens patriae
ipe stockholders OF the two railway
wp'palies whose properties and lands
u' sought to be consolidated have been
slahled the right by the state OF Min
.,'us 70 he, or 20 exist as, corpora
WY within said state and 10 exercise
M IRhl OF eminent domain. 1t is a
,'s s se'lled principle of law that the
ssyll statutes OF state relating TO q
y, become and are a part Of
Y. % gharler Of q corporation created in
PERMITTED 10 do business Ia such
. NJ. Inal 49, q part Of the considera-
W, wv shlch the state receives for grant
nt 'ne tight To- be a CORPORATION and
rss \, NE powers and privileges as
~ "a NE state Is an agreement on
' N, Kay OF such corporation aud It's
ss',, IVY. that # and they will OBJ
, ,, NE laws Of the state relating TO
"1 corporation.
VoNIRlBUTlONS IN LAND.
ALL must be borne in mind that in adj
S c,''ou 70 The statutes prohibiting The
t...'Ol9atlon, the state OF Minnesota
a. .suogn,,nbuted over ten millions acres
tiar wv ". " order to secure the construc-
rsr - ana maintenance Of some OF the
ibs 1 es aal competing lines by either
b. ueal Northern or Northern Pacific
!, i '-y company a part OF the con.
M tiel9n Which the state received for
5srI laa0s granted was the lmplled
ro 1.no,leiN on the part OF such railroad
Ina, IONS and their stockholders.
Ioa, ' tlese lines Of railway should be
lo,a ,g,'lneu and operated BY such cor
Inas. N0ls as parallel and competing
y NM lhe statute law OF the state
Dors,,a, ussga relating TO railroad cor.
years s mas been for nearly thirty
nam la. no consolidation In any
,s s"',', Whatever shah take Mace he
-ailu., pareilel and competIting llnee OF
N AN, WITHIN the state. that "a onn
rardo5 'hl Nv IONS and considerations de-
, railra,5 we state for the right TO be
ne ro Oau corporation and 10 exercise
ri,hin9 and privileges M eush
,o ,,''i We state Is. that free ana onen
'er ra,e s'' 7, ll both freight aud passen-
Y ranws,.s ,all exist between the lines
IONS enS operated by such corpora.
2 ,sola,,l,s violation OF these statutes
o,,3,lauon q the contract rights M
Il Of M y s, " the corporations as we'll
tate a. s'oesholders thereof with the
tate tbo ~, % we contend gives the
o eniolr . ,,snt 70 maintain an action
nent N s ,u,h violation. The enforce
nent Of ! '~ .o,,, Z statute Is the enforce
Which yirs s'n .,l statute, or a statute
ia Intlylsy.., y, i right to the state in
'uual capacity, as wen as in It's