The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-04-05

took such official action as was necessary
10 retire said preferred stock upon the
basis and in accordance with the plan
and agreement herein set forth; and
thereafter said preferred stock was re-
tired by the issuance of the convertible
bonds TO the amount and in the manner
herein alleged. That Immediately after
the retirement of said preferred stock,
said Northern Pacific Railway company.
acting through its board of directors and
executive officers, exercised its right
and option of declaring said bonds to
be convertible into shares of the COM
mon stock of said Northern Pacific Rail-
way company, and thereupOn the same
were so converted and the common
stock of said Northern Pacific Railway
company issued in exchange therefor
upon the basis and for the purposes
herein alleged. That in order to prevent
the persons who owned said preferred
stock, and who were opposed TO the car
rying out Of the plan and agreement
herein referred to, from acquiring Il dke
control Of the common stock, it was
provided that the $75,00 coo Of common
stock into which the said bonds were
convertible could only be subscribed for
and taken by holders OF the then out
standing $780, 100000 of the common capt.
tay stock of said Northern Pacific Rail
way company; each share of said COM
mon stock then outstanding emitting
the owner and holder thereof to take an
additional seventy-1 eightieths Of a
share Of said SO 900 additional COM
mon stock.
No Capital Contributed.
Plaintiff further alleges, upon inrorma-
ton and belief that no capital Whatso-
ever was contributed in the organization
of said Northern Securities company, and
that none was intended or contemplated
to be contributed by the parties interested
therein; that said Northern Securities
company has no property or assets Of any
kind or character save and except the
interests acquired under and by virtue
of the interchange of the capital stock
of said company for the capital stock of
the said railway companies, as hereinbe-
fore alleged, and that it was organized
solely and exclusively by its said pro-
motors and organizers to take over by
exchange, without other COnSidera ton
way companies, and the earnings there
of, and, by this device, to substitute for
the separate and independent manage
ment and control of said railway com
panies, by their respective stockholders,
officers and directors, the mana gement
and control of the Northern Securities
company, and to invest in said NG%thern
Securities company the selection Of the
officers and directors of each of said rail
way lines, and the control and disposition
OF the earnings Of each of said lines.
Consolidation Contaminated.
Plaintiff further alleges that the scheme
10 bring about and effectuate the consoIi-
datlon In effect, if not in form, of the
aSGment Gnd control thereof as hereinbe-
lore alleged, and for the purposes and
with the intent alleged, has been con-
summated, and said two railway systems
are now under the absolute MANAGEMENT
ana control of the defendant the North
efn Securities company it's directors and
OI1cefS and by reason thereof all com
Pt elIlIon between said lines has been de-
stroyeo ana a monopoly in railway traffic
IN Minnesota (aS well as without said
state1 has been created, to the great Der-
manent and 1rrreparable damage of the
state of Minnesota and to the neoDIe
thereof, and in violation Of its laws ana
or the laws of the United States in such
case made and provided, viz: The act Of
congress approved July 2 1890, entitled.
An act to protect trade and cornrnarco
against unlawful restraints and mon
opOtes."
What Plaintiff Demands.
Wherefore. plaintiff demands judgment;
l. Ihat II De adJudged and decreed that
Inc agreement and combination herein
peLofe alleged IS unlawful and all acts
zone and to be done in pursuance thereof
are contrary to and in violation of the
States. ~ 410o
2. That the defendant. the Northern Go
GGuIIueS company, it's stockholders. Of
Ulcers, directors, executive committees
anu us agents and servants, and each and
every one OF them, be perpetualIy eniOin-
ed from acquiring, receiving hoIding yJo+
ing whether by proxy or otheru1ise, ~
II any manner acting as the owner Of anv
OF the shares of the capital stock If eithay
the Northern Pacific Railway conna,11,
OF the Great Northern Railway c0n1nan+tS.
FROM voting at any meeting of fine
slocKholders of either said Great North
efh or Northern Pacific Railway compan-
les any Of the capital stock of either Of
S ga companies by any means or
~ any manner whatsoever, and
rom rom attending, by reason of such
owehershlp, possession or control
OF stock, either through its officers,
OF by proxy, or in any other man
ner' any meeting Of the stockholders Of
either of said companies
FROM IN any way aiding, advising, di-
rectlng, interfering with or in any wav
taxing part, directly or Indirectly. in any
manner whatsoever in the MANAGEMENT
control or operation of any of the lines
OF railway of either of said companies.
or IN the management or control of the
affairs Of either Of said companies.
Or from exercising any of the powers
or performing any Of the duties. or in
any manner acting as a Representatives
officer, member of the board of directors
or employs Of either said Great Northern
or Northern Pacific Railway company. or
IN any way exercising any management
direction or control over the same
3. That the defendant the Northern
Pacific Railway company. its stockholders
officers, directors. agents and servants
and each and every one Of them be per
petual1y enjoined from. in any manner
nAcoznizta% ar ano~nttnx the Northern Sc