Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-07

N'u'i"ru 10 puTV OF u plan or Fiji, Mora
Gan ana their associates whereby the
TWO systems are to be consolidated and
RACED under the direction OF one mar
or BOARD OF directors. through the tla-
lehaant company ana thus bring about
uhu pcrpetuate a monopoly I'm railway
Iailc IN Minnesota ana complete c6n-
soiidotlon OF the two systems. one man
OF D9ard VIII thus, Il is alleged, be ca
aWed TO fix an rates on lines OF the
s'ate, determine what trains shall be
run remove all competition, and pre-
vent the building OF lines into rev
country or into competitive territory,
IN RESTRAINT OF TRADE.
This agreement and the consurnma-
tlon thereof, IS claimed to be I'm ie-
hutunt OF trade against public policy
una VOID Under It's terms the dlee.
tory OF the Northern Securities COM
pahy may change It's own rules or may
delegate oil It's authority to an exeeu-
I'VE committee IL Is pointed ont tlat
I'm the president; W. T.. Clougb. ths
wee PRESIDENT and II. Y. Nichols, tie
uehaurer and secretary Of The COM
pVny were all, at the date OF its orgpii-
1auon. Oltoers OF the Great Northern.
am that majority Of It's directors
were also directors Of the Northern "a
cilc' IL has been the policy OF The
state t. prohibit consolidation of p0r-
aliei or competing lines, and the law of
ia ~ winch such prohibition is made
ia quoted In fun as well as the qmplify-
llig act Of 1851 and the antitrust law
VI 1879 prohibiting any combination in
restraint OF trade lt Is set up that tho
Northern Securities company IA a rail-
road corporation within the meaning of
the Minnesota laws and that lis design
Is 10 eVade and viOlnte these laws In
suCh way as TO cause the state "irrepar-
eple injury 1T il n% the owner Of
any other property &or stock or
securities and Is engaged in no other
business save that of management and
control Of the Great Northern ana
Northern Pacific Already. so II Is al
legged, j. j. Hin, as president of the
Northern Securities company. has
changed dictated aud controlled the
policy Of the two constituent roads ana
during December. 1901. IL Is alleged, the
general managing officers Of the Great
Northern acting under his direction,
took charge OF and engaged In manag
ing large portion OF the Northern Pa
cillc II is alleged that It is the settled
policy Of New Jersey TO allow the con
solidatiOn of only such railroads as ar
or can be connected to form contmu
Gus lines ana not to permit the c0ns0i
dalton o. parallel or competing lines
The oratrix, claiming to have no other
adequate remedy or relief. except as
prayed for In equity asks that the de-
PENDANT be required to show cause why
II should not be pefpetually cnJOlned
and restrained.
INJUNCTION PRAYED FOR.
First-From voting at any meeting Of
the stockholders OF the Great Northern
and Northern Pacific the capital stock
Of these companies, and from attending
IN any manner such meeting.
Second-E'rom aiding advising, Inter-
fering with, or in any way participate
ing In the management OF the three
systems.
Third-Fr0m permitting any Of its
officers, agents or servants from acting
as representative, director, officer OF
empoye, or exercising any control,
management or direction over the same.
Fourth-Fr0m making any ar
rangements or combinations having for
their object the joint control,
Fifth-From holding. owning or con-
trolling any Of the stock OF either com-
pany, the defendant company being re,
quired 10 re-assgn or re-transter al
such stock to the person wrom whom II
was received, taking In return It's own
stock issued In exchange therefor, ard
meantime to be eniolned In all respects
I'm relation to said stock us herelnbefore
prayed for.
Sixth-From receiving any more stock
of the two companies In case II shall
appear that the defendant company has
not yet acquired a controlling interest
In either.
Seventh-The oratrix prays permits
sion TO amend the complaint II neces-
sary and bring IN other parties for the
purpose Of giving force and effect 70
any decree OF the .court and asks the
court % issue a subpoena against the
defendant company and set day Tor
the hearing.
Besides Atty.oGen. Douglass, NJ. D.
Mum OF st. Paul and George 2. wilson
OF Minneapolis are named as counsel
PROCEEDINGS IN COURT.
The proceedings IN the court were
very brief. Atty.-Gen, Douglass was
recognized as soon as the court was
convened and he then moved for leave
10 file and present a bill of complaint
on the part OF the State OF Minnesota
against the Northern Securities com.
pany." Chief Justice Fuller asked Ut
notice had been given 20 the Securities
company and being Informed in the
negative, said there was no rule requlr,
ing such notice. lie added, we VIII
take the papers" m
Mr.. Douglas handed in his bill OF
complaint and also a brief citing au-
thorldes. The encouragement ana ms
assistant counsel, Mr. G. r. Mum ana
Mr.. G. p. Wilson. then retired. Ihe
court took the motion under advise,
ment as usual in such cases and WIN
give lis decision In due course ot Time,