The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-27
It's Counsel Appears in the Supreme
Court and Resists the Motion J /
Of Douglas.
Brief Of the Attorney General Sc
curities Company Argues Against
Jurisdiction.

From The Journal Bureau. Room. IS. Post
Washington, Jan. 27.-The liYeliest in
terest was manifested in washington in
the Northern Securities merger case, set
for argument before the supreme court to-
day. When court convened, Attorney
General Douglas and M. D. Mum of coun-
sci for the state and ex-Attorney Gen.
eral John W. Griggs Of New Jersey, John
G. Johnson of Philadelphia and W. B.
Guthrie Of New York, all noted corpora
ton lawyers, of counsel for the Northern
Securities company. were present and ready
to begin argument. -.
The appearance of the Securities repre-
sentatives was something of surprise, as
it was generally expected that the com
pany would allow the state to submit its
argument on the question of jurisdiction
without reply. Their appearance is taken
to mean that the Securities company in
tends to fight the case at every step.
Employment Of special counsel !:
for the Securities company was
I: also taken to indicate that the:
;. q: leading spirits in the merger fear
that the decision will be adverse
to their plans and they will leave !:
no stone unturned to defeat Gov
ernor Van SAINTS attempt to have +:
the merger declared illegal. =,
..''.. ..''...... ......... .'..'.''-
Soon after the court met Attorney
General Douglas renewed his motion made
at the beginning of the proceedings here
for permission to file a bill Of complaint
against the Northern Securities company.
1t was formal motion, intended only to
preserve his status before the court in
advance of the suit being received or
I,rejected. -. -.., :
Douglas Opens the Argument.
!, Argument was begun at 1880 by Attor-
ney General Douglas. He occupied half
and confined himself to an elaboration OF
the points outlined in his brief. The only
interruption was by Justice Gray, who
wanted to know the exact nature of the
bill the state is presenting. He was in
formed that it was bill in equity to re-
strain the Northern Securities company
from violating prohibition statute of the
state of Minnesota.
Guthrie Replies.
W. D. Guthrie began his reply to Mr..
Douglas. He had not proceeded far in
his attempt to show that the Northern
Securities company was simply private
corporation formed for investment pur-
poses when he was interrupted by JUS
tice Brown, who asked: ~, z.- r.
would it not be possible, with the ae-
! QUESTION of a majority Of the stock OF
each company interested for the Northern
Securities company to run both these
roads under common management"
II admit that is possible replied
Guthrie.
"Then is it not possible, in extension OF
this plan, to bring all the railroads in the
country under one management"
: 'It is, sir, butthere would probably be
national and state legislation to prevent
the contamination Of such PLAN
Guthrie. then adroitly attempted to
change the trend of the examination by
calling the courts attention to the fact
that the question at issue was whether
the courts jurisdiction extended to an al
legged violation of laws Of Minnesota by a
New Jersey corporation. The arguments
will be concluded this afternoon. Other
counsel for the company will use up their
hour and M. D. Mum will wind up for the
state Attorney General Douglas expects
to start home tonight.
! w. w. Jermane.