The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-10-01
TALK. OF AN APPEAL
M. H. Boutelle May Try to Take the
Case of Intervenor Weidenfeld
q. to Higher Court.
The Court Informed Mr.. Boutelle
That Notice Of His Desire Would
5.@.. >..i Be Accepted.

', An appeal was naturally requested yes
terday afternoon. by Attorney w. III. Bou-
telle, for Intervenor Weidenfeld, as soon
as Judge Amfdon ofthe United States dis
trict court had delivered his decision in
the anti-merger: case Of Peter Power
against the Northern Pacific railway com
pany. The Judges decision, as announced
yesterday granted leave to Weidenfeld to
intervene and then dismissed both the
Eorislnal4bill and the bill in intervention OH
the ground that the Northern Securities.
company should have been represented
and sthat neither Power nor Weidenfeld.
was In a position to demand the relief
they sought. Il 81 >.. -. = -. .s 49, II
The court informed Mr. Boutelle that
his request was out Of order but that no.
tice would be accepted that the intervenor
desired an, appeal. ~. -. -. . =. e VIZ 4
In his decision Judge Amidon said that
two principal points were involved, the
right of Wetdenfeld Ito intervene, and the
rights Of Power and Weidenfeld to obtain
relief. The court would have liked to
pass upon the questions of fact. But
he had not had time to make the neces-
sary study Of the testimony. and he would,
be able to dispose of, the case without pas
ing upon all the facts +
He would grant the petition for the in
tervention, but not wholly out of consider =
alton for Mr.. Wetdenfeld. Not because
the >1nterXenor, as had been said had en-
couraged the bringing Of the suit for .pur7,
poses Of extortion.. The court, would not
venture to make an accusation so grave.
But other conduct of the intervenor was
most reprehensible. Although early notice:
had been given OF the intention to retire
the Northern Pacific preferred stock, Pow
er. supported by Weidenfeld. had waited
until Dec 30, 1901, to bring forth his legal
protest we'll knowing that If the retire
ment could be postponed until after Jan.
l, 1902, 1t could not take place., under.
the company's provisions, for: another
year. Yet Mr.: Weidenfeld had now de-
| clared his full conviction that the right Of
the company to retire the stock should
never have been questioned. Again, the
1ntervenor had practiced gross imposi-
tion on the court Although Mr.: Weld
enfield now insisted that he was deceived
by Power and Lamb, his close associations
with Lamb, and eais payment of the costs
OF suit, leave no doubt that he was aware
OF the circumstances" ',:}" -. =.
Nor Is It to be believed that weiden-
fe4d was not party to the gross :misconG1t
duct OF Lamb and Power In Constructing
proceedings. before the examiner and i'm
CARRYING on a shameless game of hide and
SEEK" said the court. Hence weiden-
field would be- allowed to intervene soley
that the record shall be made to speak the
truth, ana that In what was really his
own suit; he may answer for himself
AS to the merits Of the case the de-
cls1on said that the retirement Of the
preferred stock was entirely valid But
the court was not in a position to con-
slider the validity OF the mergeraitself, nor
were the compliments entitled to secure
decree concerning that question. The
interests of the&Northern Securities COM.
pany were so involved that according
| to the decision Of the federal supreme
| court, In the case of the state Of Mime
! sofa against the2Northern Securities com
pany,, that company should have been
made party to the Power suit land
FWeidenfeld "a stoe kh61der, and Power, as
Stunning thatsghe HAD. been a stakeholder,
were not entftled@to RELIEF as against the
action OF the other stockholders in trans-
ferring their stock. in ordet to. further the
| so7called merger Because that transfer
Of stock was not a corporate act and In
d1vidual stockholders of a company can
seek relief from 1.-The consequences Of It's
! corporate acts only. ~ - s$s/ 80 ss@#