Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-07
MINNESOTA FILES
BILL OF COMPLAINT
In u. S. Supreme Court Against Northern
Securities Co. States Interest Pointed
Out Remedy Prayed For, Injunction,

u.almeu' IS part OF a plan Of Fiji, ArorJ
gan and their associates. whereby fhe
Two systems are TO be consolidated And
llaced under the direction of one mar
on BOARD Of directors through tho Ie.
lendant company, and thus bring about
tnu ptrpetuate a monopoly I'm railway
Iailc In Minnesota and oompteta can.
Soluotion OF the two systems. one man
or board win thus, 1t is alleged. he en-.
aned 70 FIX all rates on lines of thA
e'lte, determine what trains shall be
run remove all competition, and pre-.
vent mo building Of lines into rev
country or into competitive territory,
IN RESTRAINT OF TRADE.
This agreement and the oonsulnma.
tloll tDcfeOf is claimed to be I'm a.
stlaint OF trade, against public Motley
anu Nold." Under It's terms the diyec.
toly OF the. Northern Securities com.
pahy may change its own rules or NAV
uhleBale oil its authority TO an exaeu-
ttiIe committee. IL ~ pointed out tl,at
I'm, the president; w. z. Clough. ths
wee president and T.. r. Nichols, the
uVHAurer ana secretary Of the com.
pphy were all, at the date OF its orea,i.
Hauon. officers Of the Great Northern
ahi that q majority of It's directors
were als0 directors Of the Northern Pa
o,uN' ~ mas been the policy OF the
STATE 70 prohibit consolidation OF par-
uliei or competing lines, and the law OF
iN9 III which such prohibition Is made
~ quoted IN tull as well as the qmplify-
ING aci Of 1881 and the antitrust lnw
or 1879 prohibiting any combination In
resi- rant OF trade. Ii Is set up that tina
Nofthern Securities company is n rail-
road corporation within the meaning OF
the minnesota laws and that lis design
is 70 eYade and violate these laws In
such way as 70 cause the state 'irrepar-
able injury" It la moi The owner OF
any other property Nor stock OR
securities and Is engaged In no other
business save that of manayement ana
control OF the Great Northern ana
Northern Pacific. Already go II ia al
legged, j, j. Hin, as president OF the
Northern Securities company. has
changed, dictated and controlled the
poilcy OF the two constituent roads ami
during December, 1901. It Is alleged the
general managing officers OF the Great
Northern, acting under his direction.
took charge OF and engaged In manag
Ing a large portion Of The Northern Pa.
clllc. II Is alleged that II Is the settled
policy Of New Jersey TO allow the cor
solidatlon Of only such railroads as ar
or can be connected 10 form contnl
Gus lines and not to permit the consoll-
dalton Of 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
IL should not be pefpetually enJolned
and restrained.
INJUNCTION PRAYED FOR.
Flrst-From voting at any Meeting Of
the stockholders Of the Great Northern
and Northern Pacific the capital stock
Of these companies, and from attending
I'm any manner such meeting.
SecOnd-From aiding, advising, inter-
fering with, or In any way participant
ing In the management Of the three
systems.
Third-From permitting any Of its
officers, agents or servants from acting
as representative, director officer or
employe or exercising any control,
management or direction over the same.
Fourth-From 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 TO re-assign or re-transfer al
such stock to the person wrom whom Il
was received, taking in return It's own
stock issued In exchange therefor, and
meantime to be enjolned In all respects
in relation 20 said stock as hereinbetoro
prayed for.
sixth-From receiving any more stock
OF the two companies In case II SHAH
appear that the defendant company has
not yet acquired a controlling interest
In either.
Seyenth-The oratrix prays permits
sion TO amend the complaint u neees-
sary and bring in other parties for the
purpose OF giving force and effect 70
any decree Of the court and asks the
court 10 issue subpoena against the
defendant company and set day Tor
the hearing.
Besides Atty~Gen. Douglass, M, d.
Mum OF st. Paul and George T. 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 Tor leave
20 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 II
notice had been given 70 the Securities
company and being informed In the
negative, said there was no rule requir,
ing such notice. He added, we VIII
take the papers go,
Mr.. Douglas handed In MS OIL OF
complaint and also q brief citing au-
thorltes. The attorney-generai ana ms
assistant counsel Mr.. G. T. MUM ana
Mr.. G. p. Wilson, then retired me
court took the motion under advise,
ment as usual IN such cases ana wiz
give It's decision In due course oil tiihe'