The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-08
Bill. EyFlLED IN
SUPREME COURT
Seeks to Enjoin Northern Securities
Company.
ATTEMPT TO fVADE The LAWS
i. is Alleged Tia, This /. the Sole Purpose
Of Consolidation, Which IS Claimed !
to Be In Restraint OF Trade,
and Void.
ATTEMPT TO EVADE The LAWS
l.1 Associated Press.l

=WASAlNSIio2Np S.s
Attorney General wallace B. Douglas, OF
Minnesota, fled to-day in the United
States Supreme Court the bill Of COM
platnt in the case Of the State OF Min
nesota, complainant, against the North-
.ern Securities Company. defendants.
1t is long document, about 1890
words. covering 80 pages OF printed mat
ter. The bill first points out the direct
interest the State has In the proposed
consolidation and describes the Char
ters of the Northern Pacific and Great
Northern.
Taking up the Northern Securities Com
pany, it is set forth that 1t was organ
lied by ]. ]. Hill. W. P. Cloush, j. PTer-
pofft Morgan, and 'other associates to
the oratrix unknown" who at the time
were continually In conferences over
means by which the laws OF sinnesota
might be successfully evaoed or aSoideo'
and that 1t was SO organised solely FOR
the purpose of effecting a consolidation
Of the Great Northern and Northern
Pacific. The owners OF a large majority
Of the stock OF the two systems had
agreed beforehand to transfer to the
new company 10 per cent. OF the stock
of the two systems on terms which are
set forth in full, and to retire the pre-
ferred stock OF the Northern Pacific The
Northern Securities Company, 1t Is
charged. docs not intend 10 purchase this
stock, hut sisaply to issue its own stock
IN exchange therafor.
RESTRAINT OF TRADE
This, Il Is claimed, Is part Of a plan
of Hill. Morgan, and their associates,
whereby the two systems are to be con-
solidated and placed under the direction
of one man, or board OF directors, through
the defendant company, and thus bring
about and perpetuate monopoly In rail-
way traffic In Minnesota and q complete
consoida ton OF the two systems. One
man or board will thus. it Is alleged be
nabbed to fix all rates on lines In the
State, determine what trains shall be
run, remove all competition and prevent
the building OF lines into new country
or into competitive territory.
This agreement and the contamination
thereof Is claimed to be lin restraint Of
trade. against public policy and void
1t is set up that the Northern Securi-
ties Company Is a railroad corporation
within the meaning OF the Minnesota laws,
and that It's design is to evade. escape
and violate these laws in such way q
to cause the State 'irreparalbie injury.
It is alleged that it is the settled policy
of New Jersey to allow the consolidation
OF only such railroads as are. Or can
be, connected to form continuous lines.
and not to permit the consolidation OF
parallel or competing lines.
INJUNCTION ASKED.
The oratrix canning to have no other
adequate remedy or relief. except as
prayed for in equity asks that the defend
ant be required to show cause why It
should not be perpetually enjoined and
restrained:
First-From voting at any meeting OF
the stockholders of the Great Northern
and Northern Pacific, the capital of these
companies. and from attending in any
manner such meeting.
Secoud-From aiding, advising. inter-
fering with or In any way participating
In the management of the two systems.
Third-F'rom permitting any OF its OIL
GERS, agents or servants from acting as
representative. director, officer or en-
ploye. or exercising any control. manage
ment or direction over the same
Fourth-F'rom making any arrangements
or combinations having for their object
such joint control.
Fffth--From holding. owning or con-
trolling any OF the stock OF either COM
pany, the defendant company being re-
CURED to reassign or. retransfer all sucn
stock to the person from whom it was
received, taking in return It's own stock
issued In exchange therefor. and mean
while to be enioined in all respects in re
lation to said stock, as hereinbefore
prayed for.
Sixth-From receiving any. more STOCK
of the two companies in case 1t shall
appear that the defendant company has
not yet acquired a controlling interest
In either.
Seventh-The oratrix prays permission
to amend the complaint IL necessary and
bring in other parties, for the purpose of
giving force and effect to any decree of
the court, and asks the court to issue
subpoena against the defendant company
and set a day for the hearing.