The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-23
TO ENJ0IN
GREAT NOR.
A Suit Begun, Ostensibly to.
Prevent the Threatened
Consolidation.
Plaintiffs Have Same Coun-
sci as Employed by
Power.
Plaintiffs Allege Great North
ern Is in Danger of For
feiting It's Charter.

An action, evidently inspired by the
same interests which instituted the re-
cent proceedings in which Peter Power
sought to prevent the retirement of
Northern Pacific preferred stock, was
commenced against the Great Northern
Railway company in the Hennepin county
district court to-day. This time an at
tempt is being made to prevent the Great
Northern from consolidating with the
Northern Pacific by means of the North
ern Securities company. Papers were
served summoning the defendants to an
swer within twenty days.
AS in the case against the Northern
Pacific, Lamb & Greenway, Bulkey, Gray
& Moore, w. A. Lancaster and NJ H,
Boutelle appear for the plaintiffs. The
plaintiffs are Milton L. Bouden, ''the own
er of 400 shares of the preferred stock of
the Great Northern and Sophia Barth
Chapman, who claims ownership of 100
shares of the same stock.
The plaintiffs ask that the several in
dividual defendants named in the COM
plain in addition to the Great Northern
company be enjoined and restrained, while
acting as officers or directors of the COM
pany, from paying any dividends on any
Securities company "or any person or
corporation for or in it's behalf, or from
making any reports of the status, affairs,
business or operations of the Great North
ern company to the Northern Securities
company, it's directors, officers, executive
acting in it's behalf, or from following any
instructions, directions or orders from the
Northern Securities company"
In the prayer for relief the plaintiffs
ask that all. steps Of the defendants,
whether in their eapeeity as directors and
officers, OF as ssdSkhotsers Of the Great
Northern, looking to- the organization OF
the Northern Securities company, he de-
clared fraudulent, illegal and void. The
court is asked to declare the merger con-
trary to the provisions of the laws Of
Minnesota against the combination of par
allel or competing lines, and to hold tina
such combination actually took place
The consolidation is also alleged to be II
violation of the laws Of North Dakota
Montana and Washington.
Further, the plaintiffs want the organi.
cation Of the Northern Securities com
pany to be adjudged conspiracy in VIC
lation of the law and policy of the\statt
of Minnesota and that any and all transfer:
of stock of the Great Northern to thu
Northern Securities company or any par
ties for the Northern Securities com
! pany's benefit, be held and adjudged il
| furtherance of such conspiracy and al
| contrary to the law and policy of THU
state.''
It is set up in the complaint that tn
directors of the Great Northern by thei
action in attempting an illegal consolida
ton with competing line had rendere'
the Great Northern charter liable to for
fixture at the instance of the state o
Minnesota and the licenses of operation
in the other states traversed subject t
revocation for the same reason. 1t /
urged that the only way in which this for
fixture of valuable rights and privilege
can be prevented and threatened suit
held off is by permanent injunction
against the carrying out of the merger.
The defendants also ask that the Grea
Northern be restrained permanently fro1
registering on it's books any stock trans
ferred to the Northern Securities com
pany or any one acting in it's behalf a
stockholders of the Great Northern; tina
Great Northern agents be restrained frol
receiving any votes at stockholders meet
ings from the Northern Securities on &C
count of stock held by it In the Grea
Northern company from in anywise com
bining with the Northern Pacific, elthe
directly or through the action of the con
| stituent members or stockholders
either of the companies, and that the de
PENDANTS be enjined from effecting an
form of combination which shall distur
the independent integrity of the defend
ant and it's Independent management an
control; and that the defendants be er
joined from entering into any agreen1en
directly or indirectly, destroying free an
unlimited competition between the defent
ants and the Northern Pacific by intel
change of traffic, pooling of earnings, d
vison of profits or otherwise.