Omaha daily bee., 1902-03-11

Of the stock Of the defendant railway cun-
panies. issuing in lieu thereof Its own stock
and is nov holding as owner and proprietor
Substantially ali Of the capital stock Of the
Northern Pacific Railway compauy. and 80
complainant believes, a majority 81 the nap
itRl stock Of the Great Northern Railway
company. BY reason whereof a virtual con
solidation under one ownership and source
Of control Of the Great Northern and North
ern Pacihe railway systems has been sf-
fscted. a combination or conspiracy in re-
straint OF the trade or commerce among
the several states and with foreign nations
formerly carried on by the defendant raf-
way companies Independently and in free
competition, one with the other, has been
formed and is In operation, and the de-
PENDANTS are thereby attempting to monopo-
lie, and have monopoliEed, such Interstate
and foreign trade or to the great
and irreparRbsle damage OF the people o.
the United States in derogation Of their
common lights and in violation OF the act
Of congress Of July 2. 1890, entitled, An
Act to Protect Trade and Commerce Against
Unlawful Restraints and Monopoliss.'
III the defendant, the Northern Securities
company, has not acquired a large majority
OF the capital stock of the defendant, the
Great Northern Railway company. il is be-
cause the individual defendants named and
their associates in the combination or con-
spirscy charged in this petition. or some Of
them. since II became apparent that the
legality Of their corporate device for the
merger OF the stock Of competing railway
companies through the fundamentally Of q
central or holding corporation. would be as
sailed IN the courts, have purposely with
held, or caused TO be withheld, a large
amount Of the capital stock of said railway
company from transfer for the stock ef the
Northern Securities company, ana have
purposely discouraged and prevented the
transfer and exchange Of such stock for the
stock Of the Northern Securities company,
all for the purpose OF conceAling the real
scope and object Of the unlawful combina-
ton or conspiracy, and Of deceiving and
misleading the state and federal authorities
and Of furnishing a ground for the defense
that the Northern Securities company does
not hold a clear majority Of the stock Of the
Great Northern Railway company.
Not Organized in Good Faith.
I'll Northern Securities company was
not organized in good faith TO purchase and
pay for the stocks Of the Great Northern
and the Northern Pacific railway companies.
II was organized solely to incorporate the
pooling Of the stocks Of said companies and
to carry into effect the unla Eful combine
ton OF conspiracy aforesaid. The Northern
Securities company is n mere depository,
custodian, holder and trustee for the stocks
Of the Great Northern and the Northern
Pacific railway companies and it's shares
Of stock are but beneficial certificates issued
against said railroad stocks to designate
| the interest Of the holders in the pool. The
] HrorfAar, Ea-vrf44ae ,anor 49, - 49,
and never had any capital sufficient to war
rant such a stupendous operation. It's sub
scribed capital was but $40. 900 and its Ru-
tborized capital stock Of $500, OO0, 900 is just
sufficient when all issued TO represent and
cover the exchange value Of substantially
the entire stock Of the Great Northern and
Northern Pacific railway companies upOI
the basis and at the rate agreed upon, whist
is about s122, 600 900 in excess Of the com
= bined capital stock Of the two railway CON
, panies taken at par.
Sets Interstate Commerce at Eaught
"1f the government fails to prevent tn
carrying Out of this combination OF con
spirRcy not only will a virtual consolidation
: of two competing transcontinental lines
' with the practical pooling of their earning
. be effected and q monopoly of the inter
state and foreign m formerly car
!. ried on by them as competitors be create
= and all effective competition between sue
. lines in the carrying Of interstate and for
eign trRfhc be destroyed, but thereafter I
all desiring to use IL, an available metho
: will be presented whereby the corpOratio
scheme or device aforesaid, the act Of con
gress OF July ., 1890, may be cirCumvente
= and set at naught and all transcontinent
u lines, indeed, the entire railway systems {
. the country. may be absorbed, merged an
consolidated, thus placing the public q
the absolute mercy of the holding corpora
ie ~tions."
{. The petition prays that the Northern Sc
c~urities company, its stockholders, oficerl
? etc, be perpetually enjOined from pun
" chasing, voting, etc, any OF the shares {
y the capital stock Of either the Northern Pa
cihc or Great Northern companies and ths
III a mandatory injunction may Issue requil
ing the Orthern Securities company
70 recall and cancel any certificate OF stoc
D. issued by 1t In purchase OF or in exehanl
BE for any OF the shares Of the capital stoC
~ Of either the said railway companies. SUI
D. rendering IN return therefor the certii
Gates Of stock in the respective railws
companies. in lieu Of which they wei
=, issued. II is also asked that the defendant
"a the Northern Pacific and the Great Rortl
N tIu tshANhg pOmPobAchi ~ OhhOcIhs rNoCa
:, holders. etc, be perpetually e~njoined fro
: in any manner recognizing or accepting II
Northern Securities company as the own
u or holder Of any Of the shares Of their cap
- tai stock. etc.
The petition is signed by Milton D. Purd
attorney of the United States for the di
- trict OF Minnesota, p. C.. Knox, attorD'
Nv general Of the United States. and John
Richards, solicitor general Of the Unit
- States.
D-
e Bloating after eating. indigestion, nat
% lenee or water brAsh may be quickly CO