The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-02-05
The Revision Commission.


BY request of the commission to revise our
general laws submit the following:
Inasmuch as chapter 241 Of the laws of 1901
providing for the appointment by the JUS
tlces Of the supreme court of commissioners
to revise, codlfy and annOtate the existing
general laws, expressly excludes from their
consideration Statutes the subject of tax
ation," and as it Is desirable that the revi-
sion. when completed, should contain all pub
Tic laws, appropriately arranged, it would
seem advisable that such legislation be had
as will be conducive to that end. It is OBJ
yious also that the work Of the commissioners
is Of such character that it should not be
unduly hurried The legislation OF the past
thirty five years has reached an enormous
bulk, much of which icy now obsolete, and,
on many subjects, redundant and contradict
tory. Only the most patient research and
painstaking labor can reduce it to that har-
mony which the public interests require. That
the work may be continued in such manner
as to accomplish the best results action
should be taken at the present session. The
commissioners will submit for your con-
sideration some suggestions on the subject,
to which invite your attention. .---
The entire matter now rest4 with you. It
Is for you to decide whether the work of your
tax commission will be in vain or not. I
trust, and have faith to believe, that your
deliberations will result in great good to the
the statute books that will equal if not sur
pass that of any other state in the union.
I am advised hat the members of the tax
commission if desired, will at all times dur
ing your session, be ready and willing to re-
spond to your call and give you whatever
assistance and information you may request.
The Merger Litigation.
At this time I desire to inform the legis-
lature of the suit brought by the state of
Minnesota against the Northern Securities
company Of New Jersey. Believing that this
corporation was organized for the purpose of
evading and violating the laws of the state
OF Minnesota by consolidating the properties
of the Great Northern and Northern Pacific
railway companies, which companies own
parallel and competing lines of railway within
the state, I requested Attorney General Doug
las to bring suit in the name of the state
to prevent such consolidation. That such
consolidation is against the law is clearly
shown by reference to our statutes. I quote
from sections 2716 and 2717 of our General
Statutes:
Sec. 2716.-No railroad corporation shall
consolidate with, lease or purchase, or in any
way become owner OF or control any other
rights or property thereof, which owns or
controls parallel or competing line.
sec 2717.-No railroad, corporation, or the
lessees, purchasers or managers OF any rail-
road corporation, shall consolidate the stock,
property or franchises Of such corporation
with, or lease or purchase the works OF fran
chises OF, or in any way control any other
railroad corporation owning or having under
It's control parallel or competing line; nor
shall any officer of such railroad Corporation
act~as an officer of any other railroad CORPORA
ton owning or having the control of q par
allel or competing line
These laws have not only been held to be
constitutional by the supreme court of the
United States, but also to declare wise
public policy.
and if not prevented by the courts will, merge
or consolidate the lines and properties of the
two railway companies under one manage
ment is evidenced by reference to sections g
and Of the articles of Incorporation of the
Northern Securities company which author
ICES this corporation .'To purchase, hold, sell,
assign, transfer, mortgage, pledge or other
wise dispose of shares of the stock of any
other corporation or corporations, associa-
ton or associations Of the state Of New Jer-
sey, or any other state, territory or country
and while owner of such stock to exercise all
the rights, powers and privileges OF owner
ship, including the right to vote thereon To
aid in any manner any corporation or asso-
citation of which any bonds or other securi-
ties or evidences Of Indebtedness or stock
are held by the corporation; and to do any
acts or things designed to protect preserve,
improve or enhance the value Of any such
bonds OF other securities or evidences or in-
debtedness, or stock
These powers are as broad as language can
make them, and authorize the Northern Sc
curities company not only to vote the stock
Of the Grtat Northern and Northern Pacific
Railway companies and thus exercise all the
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