The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-04-05
SUMMONS AND COMPLAINT SERVED
ON PRESIDENT OF NORTHERN
SECURITIES COMPANY
TO COME UP IN DISTRICT COURT
Complaint Is Lengthy Document,
Setting Forth Contention of State
illegal Consolidation of Conn
peting Lines Alleged.
PAPERS NOT OFFICIALLY FILED

President James ]. Hill, of the North
ern Securities company, was yesterday
afternoon served with the summons and
complaint in the case of the state against
the Northern Securities company. Dep
uty Sheriff Reichow served the papers on
Mr.. Hill in his office. and the service was
acknowledged by him.
The complaint has been printed, and
makes thirty-six pages of printed mat
ter. 1t was not filed yesterday with the
clerk Of the district court, and it is prob
able that it Will not be for several days.
Following are extracts of the COM
plant embodying its most salient points:
Lines Are Parallel.
That the lines Of railway owned, oper-
ated and controlled as aforesaid by said
Great Northern Railway company within
the state of Minnesota are parallel and,
until the contamination of the scheme or
device herein alleged, to merge the man
agement and control of the two systems
in the defendant, the Northern Securi-
ties company, were competing lines for
freight and passenger traffic with the
lines of railway owned, operated and con-
trolled as aforesaid by said Northern
Pacific Railway company within the
state of Minnesota, between the following
points (among others in said state. to-
wit: The cities Of ST. Paul and Mime
apolis and the city of Duluth, Minn., and
the various cities and villages between
said points; also between the cities of st.
Paul and Minneapolis and CrOokStOn,
Mimi, by way of Fergus Falls, and the
various cities and villages between said
points; also between the cities of st. Paul
and Minneapolis and Crookston by way
of Breckenridge, and the towns and cit
les between said points; and also between
the cities of Duluth and Crookston and
the cities and villages between said
points; and the said lines Of railwy own
ed, operated and controlled by said
Northern Pacific Railway company,
which connect with the said lines of rail-
way, owned, operated and controlled by
each of said companies, respectively,
within the state of Minnesota, are parai-
lei and competing lines through the states
of North Dakota. Montana, Idaho and
Washington to Puget sound, on the Pa
eific coast, for passenger and freight
traffic. That during all of the times
aforesaid and until th consummation of
the scheme or device sssforeSaid each and
all of said lines of r. way were main-'
tanned and operated by said respective
companies as independent and competi-
tive common carriers of freight and pas
sengers within the sta te Of Minnesota;
and that said companies are now, and
for upwards of eleven years last past
have been the only railway companies
operating lines of railway crossing the
state of Minnesota, and connecting the
Pacific ocean by rail with points in Min
nesota.
Competition Has Helped Rates.
Plaintiff further alleges that immense
quantities Of wheat and other products
are shipped annually from East Grand
Forks, Crookston, Moerhead, Fergus
Falls and other competitive points within
the state of Minnesota, and all on the
lines of railway of the said Great North
eFn and Northern Pacific Railway COM
panieS, hereinbefore referred to, to the
cities of Duluth, ST. Paul and Minneap-
oils, within the state of Minnesota. That
nearly all of the shipments of such prod
from tha ahOVa named initial
points are consigned to various citizens
at either the city of Duluth, ST. Paul or
Minneapolis over one or the other Of
said railroad lines last above named.
That enormous quantities of merchandise
have been and will continue to be shipped
annually over said lines of railway be-
tween the cities of st. Paul and Mime
apolis and various other cities and VII
lagos along said lines of railway situated
within the state of Minnesota, and which
are purchased and used entirely by the
people of said state. That the competi-
ton in both freight and passenger traffic
to and from said places has always been
sharp and active between said railway
companies, and has secured to the resi-
dents OF said cities, as we'll as the state
of Minnesota, and to the state of Min
nesota itself, much lower rates for both
freight and passengers than would other
wise have been obtained or than will or
can be obtained in case the consolidation
or unity of control and management of
said Great Northern and Northern Pa
cifc Railway companies hereinafter al
legged, is not enjoined as herein prayed.
Law Against Consolidation.
Plaintiff further alleges that 1t has ever
been part of the settled and public
policy Of the state of Minnesota to pro-
hibit therein, in any way. the consolida-
ton in any manner of competing and
parallel lines of railway; and to this end
the legislature of the state of Minnesota
did, in the year 1874, pass the following
enactment, which ever since has re-
mained and now Is part Of the statute
law Of the state of Minnesota, known as
chanter 70 Of the General Laws of 1874,
tO-Wit:
Section 1. No railroad corporation. or
the lessees, purchaser or managers or
any railroad corporation. shall consolidate
the stock, property or franchise OF such
CORPORATION with, or lease or purchase
the works or franchise Of or In any way
control any other railroad corporation
owning or having under its control
parallel or competing line; nor shall any
officer of such railroad corporation act
as an officer Of any other railroad corpo-
ration owning or having the control Of
a parallel or competing line, and the
question whether railroads are parallel
or competing lines shall when demanded
by the party complainant, be decided by
Jury as in other civil issues.
Ihat IN the year 1885, the legislature
Of the state of Minnesota passed the fol-
loving enactment. which ever since has
remained and now is part Of the stat
ulS Jaw Ol SdlQ state, ana HHDWH dS
chapter 359 of the General Laws Of 1885,
Section l. Any contract, agreement, ar
rangement or conspiracy, or any combi-
nation IN the form Of a trust or other
wise, hereafter entered into which is in
restraint OF trade of commerce within
this state, or in restraint Of trade or
commerce between ans of the people Of
this state and any eff the people of any
other state or country, or which limits
or tends to limit or control the supply of
any article commodity or utility. or the
articles which enter into the manufacture
Of any article (of) utility. or which reg
ulates, limits or controls or raises or
tends to regulate, limit control or raise
the market price of any article, commod-
lty or utility, or tends to limit or regu-
late the. production of any such article,
commodity or utility, or In any manner
destroys, limits or interferes with open
and free competition in either the produc-
tlon, purchase or sale Of any commodity
article or utility is hereby prohibited and
declared to be unlawful.
Northern Securities Company.
TO effect a consolidation Of the railway
systems of the Great Northern and
Northern Pacific Railway companies, as
WelI within as without this state. and the
management and control thereof and to
suppress all competition between said
systems, It was agreed by and between
Continued on Fourth Page.