The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-01-10
ATTORNEY GENERAL OF MINNIE
sofa STARTS HIS SUIT.
JUDGES Will CONSIDER IT
Bill Of Complaint a Lengthy Docu'
ment-Asks That Injunction
Be Issued.

Washington, Jan. Attorney Gen
eral Douglass Of Minnesota today filed
in the supreme court a bill Of com
plant in the al of the State of
Minnest "a against Tie Northern Sc
curties company. 1t is a long docu-
ment and recites the history of the
three railroads and the laws govern
ing them and alleges it is intended
to prevent competition, and asks that
defendant be required to show cause
why it should not be p~erpetually en-
Joined and restrained from voting at
Great Northern or Northern Pacific
stockholders meetings, from partici-
pating in the management of the two
roads, from permitting it's officers ex-
ercising such control, from making
any arrangements for joint control,
from controlling any stock of either
company, from receiving any stock
Ol ClLuCI COMPANY LII SooC ~ AOo NV
yet secured control in either of them.
The proceeding in the court was
very brief. Attorney General Doug
lass was recognized as soon as the
court was convened and he then NOV
ed "For leave to file and present a
bill of complaint on the part OF the
State of Minnesota against the North
ern Securities company" Chief JUS
tice Fuller asked if notice had been
given to the Securities company and
being informed in the negative said
that there was no rule requiring such
notice. He added: "We will take
the papers, Mr.. Douglass handed in
his bill of complaint and also a brief
citing authorities. The attorney gen
eral and his assistant counsel then
retired.
The court took the motion under adj
visement as usual in such cases and
will give it's decision in due course of
time.
liz ScCOuu uOCul1lCAJ ulCu III CA1C
supreme court today by Attorney Gen
eral Douglass of Minnesota, in addi-
to citing many authorities bearing on
the right to institute the suit in this
court, briefly relates the states con-
tention as to the legal attitude of the
railroad consolidation as follows:
Briefly stated, the attempted con-
solidation of the railway lines and
properties Of the Great Northern and
Northern Pacific companies which
was defeated in the case of Pearsall
VS.. Great Northern Railway company,
is now renewed by the united action OF
holders of a majority of the stock of
each of said companies, by placing a
majority of the capital stock of each
of said railway companies in the
| Northern Securities company, in or.
der that the last named company may
manage and control, through it's pres
ident Or executive committee, all OF
the railway lines and properties if each
of said railway companies, this action
against the Northern Securities com
pany is brought to reach the instru
ment or means through and by which
these two railway companies are tC
be consolidated, and involves inquiry
into the extent of the powers of the
Northern Securities company, and the
lawfulness of it's acts. Or, stated ir
a more direct form, the principal ques
ton raised in this action is: Can
corporation, organized under the law:
of New Jersey, use its corporate pow
ers so as to violate or overthrow thu
constitutional enactment Of a siste:
state, and Illus accomplish indirectl,
that which this court has held canno
be done directly. especially in view O
the fact that that New Jersey cor
%poration was organized for the ex
press purpose of accomplishing thii
result.
The further question is pointed out
viz: Does not the consolidation o
these railway lines, the only ones sit
uated in the northern half Of Min
nesota, Except two short iron or
carriers) amount to a monopoly il
railroad traffic? And is not such
monopoly the subject of challenge re
CARELESS of statutory prohibition?
Total Population.
Washington, Jan. IA special cen
sus bulletin gives the population o