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

court OF competent JuIlsulCtluH
WHAT MINNESOTA ASKS.
The state of Minnesota In attempting
TO enforce It's statutory right and
remedy by means of this action, is not
asking this court TO enforce anything
contrary to the declared public policy
OF New Jersey or of the national gov
eminent. The declared public policy
of New Jersey aud the United States Is
against the consolidation and uni0ca-
ton OF competing lines OF railway ana
the removal Of competition In freight
and passenger rates. This policy Is
declared in the sO-Called Antitrust
law" Of the United States which has
been before this court on several oc-
casions.
1t will be noticed that the statute Of
Minnesota prohibits not only the con-
solldatlon OF the property and railway
lines Of competing companies, but II
also prohibits the consolidation Of the
stock Of such railway companies In any
way whatever. This statute Is Il part
of the general law of the state author
lzing the formation Of railroad corpora
tons, and Is an obligation or limitation
which enters into and forms part Of
the stockholders contract with the
state, ana IS therefore binding upon
the Northern Securities company. This
company cannot complain Of an en-
forcement Of this contract obligation or
the state statutes because II claims 10
be O stakeholder In these railroad COM
panies. The Northern Securities COM
pany as declared by its articles Of in
corporation, was organized to purchase
the stock Of railway companies In the
state Of New Jersey or any other state
in the union and to vote the same.
From this II follows that any stock
of a railway company acquired by IL
outside the state Of New Jersey Is sub
ject TO all obligations or limitations Inn
posed upon such stock as well as the
corporation issuing It.
SITUATION SUMMARIZED.
The situation can thus be sumntar-
tied
The holders Of a large majority of
the capital stock Of two railroad cor.
IOratiOns authorized to construct and
maintain lines within the limits Of the
state OF Minnesota have organized
corporation In another state for the
express purpose of consolidating the
railway lines and property OF such
companies and evading and In violation
Of The laws Of the state Of Minnesota
which bear directly upon and glye the
state and It's citizens certain rights and
PRIVILEGES In connection with TIE prop
erty owned and controlled by the rail-
roads thus sought to be consolidated.
The only way in which the state can
reach such an evasion of lts laws and
enforce It's rights Is TO bring an action
IN this court against the instrument or
means by which such consolidation Is
sought 10 be accomplished. II the state
OF Minnesota cannot avail Itself OF tho
original jurisdiction of this cour, %
enforce It's right, IL cannot 60 in,n the
state OF New Jersey and ask the courts
OF that state 10 enforce It's rights be-
cause The same reasons urged against
the Jurisdiction Of this court coJld be
urged with equal force before the
courts of New Jersey.
The bill dIscolseg that this eonsclida-
tinn embraces about 1900 miles of
railroad. furnishes nearly all the trans
portation facilities available 70 the
people OF seven different states of the
Union. which seven states embrace
more than one-tifth Of the entire area
OF The United states and nearly one
twelfth If rs population.
ARE THE STATES PowERLEss?
If what is attempted to be done here
can be successfully accomplished the
states of this union are powerless to
enforce such statutes. The national
government, under It's present consti'
tutional limitations can enact no leBls-
lation which viii protect state cont
merce and state traffic against such
monopolstlc consolidation as Is re-
ferred to In this bill. The only prac-
tical way the state can protect itself ~
bv the adoption OF legislation OF the
character sought TO be enforced In tNls
action and the only tribunal IN when
that can be enforced under the circun-
stances disclosed in this bill Is the on
to which we now appeal il seems 10
us that there is a controVe.s y between
the state of Minnesota and the defend
ant corporation-a citizen OF tlie 'lHte
of New Jersey--which under the eoG-
stitutional provision referred 20 ehti.ies
the state OF Minnesota to the pllFneBe
OF the Jurisdiction OF this court, m iact,
this is the only judicial tribunal u,
which the state Of Minnesota can Wen
assert its claim and presen' It's con-
troyersy against the defendant
MIR. GUTHRIE ANSWERS.
Mr. W. d. Guthrie, Tor the Northern
Securities company, filed brief with
The court, outlining that company 5 po.
e,tlon He cont6hded that the bill OF
complalnt proposed to he filed on behaif
of Tie state Of Minnesota does not pre-
cont q controversy OF a civil and judi
clal nature between a state and q citi-
ron Of another state justiiiable IN TINS
court. and that no state can cal upon
this court 10 enforce its penal or po-
loo laws in other states Hence TINS
conrt IA without Jurisdiction.
'rhe bnl asks the court, he SAID. TO
restrain by Injunction q citizen 81 New
Jersey from doing there acts when are
entirely lawful according 70 her laws
and which are sanctioned by her siatu-
tory policy simply because those acts
Violate or evade or tend TO circumYent
the ppblic or penal or police laws OF
Minnesota. tho complainant state
'rhere IS he continued no suggestion
that the acts complained Of are not en-
tirely lawful in the state OF New Jer-
sew or thai II ~ not within 1he cor
porate powers Of the dcfennaht cor
poratlon as an investment company 70
ACQUIRE end hold the stocks OF railway
companIes The sole ground OF com
plant is the alleged violation In New
Jersey o. certain cnactmenis contained
in the statutes Of Minnesota. Hence,
he contendei thet the injunction preYel
FOR would be nothing more or less than
an order compelling tn. Securities com
panv 10 obey In New Jersey the laws
~ Minnesota.
He called attention 70 the fact that
no relief Il sought against the Great
Northern Railway company or the
Northern Pacific. although both are
corporations OF the state Of Minnesota
ana therefore within the jurisdiction OF
the courts OF that state. This was
taken. he said. az a confession tho,
neither OF these corporations hnd
sInned against the laws or the eons'itu-