New-York tribune., 1902-04-22
MERGER BILL MAY BE FILED
THE UNITED STATES SUPREME COURT
GRANTS THE APPLICATION OF THE
STATE OF WASHINGTON.

wasbireton April 21-The United States Su-
,rer,a Court to-day granted leave to the State
~ Washington to file an original bill for an in
junction against the Great Northern Railroad
Company, the Northern Pacific Railroad COM
pany and the Northern Securities Company. III
accordance with the petition of that state re-
Gently filed in the court. The opinion was deliv-
cred bv Chief Justice Fuller. who said that the
decision TO grant leave to file was intended 10
he entirely without prejudice to either party in
interest.
The Chief Justices opinion brief. and con-
sisted entirely of a review of original cases OF
the same character which have been brought 10
the attention of the court TWO OF the cases
thus cited those of the State OF LOUISIANA
against the State of Texas. concerning the
quarantine regulations of the latter State. IN
which leave was given to file, and the state Oh
Minnesota against the Northern SECURITIES Coin-
pany, in which the petition to file was deneo.
The usual practice in equity cases mas peell
to hear such applications, the Ch1ef justice
said. although under special circumstances
different course has been pursued
After referring to several precedents he orlel-
" mentioned the Minnesota case, saying:
In Minnesota against Northern Securities com ON
pany application to file bin similar to that pc
fore and seeking similar relief was maae aha ha
examining the bill we directed notice TO ne ne
given and heard argument on both sides The re- ef
the want of certain indispensable parties VINO
could be brought in without defeating our CON
stituional Jurisdiction. That fnsuperabie dlrculy
does the threshold here, but among
the court has no jurisdiction the subject mat
ter. because the bill does not permit the case ot
controversy of a civil nature which is JusIlapiss
under the constitution and laws OF, the me- t
q proprietary contractual nature. but Is purely
a suit for the enforcement of the local law ano
nolicy of a sovereign and independent state whose
right TO make laws and TO enforce them exists oiy
within itself and by means Of It's own agencies xaraise
is limited its territory. In the exercise
of original Jurisdiction the court has always neces
sariy proceeded with the utmost care ana De
liberation. and. In respect of all contested QieS-
tions on the fullest argument. And in the matter
of practice obliged to bear in nllnd III an
especial degree the effect of every step taken IN IN
the instant on those which may suSceel IL,
1t seems to wisest therefore, to take the same
action on the pending application as was pursued
in Louisiana against Texas. that Is. without lnt-
mating any opinion whatever on the questions sus-
gesed grant leave to iile in accordance Win 'he
general rule.
The announcement of the Supreme Courts acton
in the Northern Securities caused a sharp de-
cline IN stock market, but rally occurred pe-
fore the close Northern Securities stock, which is
dealt in on the curb. point and more in the
early trading but on the from Washington
fell from about 1o4 TO 1929. The close was at 1@
bid l03I2 asked. against lO4 bid, l0S asked at the
close Saturday . g.
Four legal proceedings affecting the Northern Sc
crrties Company are pending-the suit lnstl-
tIted by the Attorney General of the United states
the suit of the State of Washington upon whicn
the Supreme Court acted yesterday. the action or
the State Of Minnesota against the company, now
in the Minnesota courts. and the Peter POWER
stockholders suit against the Northern PACING