Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1903-04-18
ASSERT SHAREHOLDERS SUFFER HARDSHIP
If Order is Not Suspended Million Dollars
Will Be Tied Up,
AME PEOPLE WILL GET CASH IN END
Refusal to Allow Settlement Said to Mean
Suffering to Many.
ATTORNEY GENERAL OPPOSES REoUEs'
Judge Assents TO Hear Arguments on
Monday, when Government VIII
Fight Any Modification of
Merger Decree.

Merger Decree.
ST. PAUL, April 17.-Circuit Judge San
born this afternoon set Monday morning,
April 20, as the time for hearing argu-
ments in a request by attorneys for the
Northern Securities company that the de-
cree recently handed down be suspended
in so far as 1t prevented the payment by
the Great Northern and Northern Pacific
railways OF dividends to the Northern Sc
curities company, since these dividends
would ultimately reach the same people
anyway.
Judge George B. Young appeared fer
President Hill, NJ. d. Grover for the Great
Northern railway and General Counsel
Bum for the Northern Pacific railroad.
Under instructions from Attorney General
Knox. District Attorney C. c. Caupt ap-
peared to oppose any motion for a modifca-
tion Of the decree.
The attorneys for the railroads explained
that the regular dividend day had nearly
arrived. but that under the decree IL was
impossible for the railway companies to
close their books and pay any dividend,
matter affecting something like 1900 indi-
viduals, many of them dependent on these
dividends for the necessities OF life. No
modification OF the decree was asked, all
such matters being left for the formal ap-
peal. which was sure to come in the course
OF time.
Matter is Declared Urgent.
Judge Sanborn preferred that the whole
matter be left over till all four circuit
judges could hear it, which would be on
May 20, but owing to the urgency Of the
matter on which a suspension was desired
finally agreed to hear and decide as to the
] fad
| ing.
District Attorney Caupt said he would
! present the case to Attorney General Knox
] in the meantime and learn his wishes.
! The attorneys for the Northern Securities
| company and for the two railways said they
only wished permission to pay the regular
dividends, which is impossible under the
understanding of the decree of the court
Before the case can be finally passed on by
| the supreme court over 81 900, 600 would be
paid in dividends in case this part of the
decree could be suspended, but otherwise
the sum would be tied up and the people
to whom It was properly due could not re-
ceive it.
Directors Hold Meeting.
NEW YORK, April 1.-THE directors
OF the Northern Securities company held
their first regular meeting since the merger
decision today. According to statements
made after the meeting the only thing that
came up was of a strictly routine char
acter.
1t was said that in appealing the de-
sision Of the United States circuit court
was discussed, informally but no definite
steps in this matter were taken.
One of the company's leading legal rep
resentatives declined to discuss what dis
position would be made of the Great North
ern dividend.
Knox Gives Grounds for Opposition.
WASHINGTON, April 17.--Referring to
the application at st. Paul today on be-
half of the Northern Securities company,
the Department of Justice has made public
the following telegraphic instructions sent
by the attorney general to the United States
attorney at St. Paul on Tuesda.:
1t is likely the defendants in IN Noriherl
Securities case Will forthwith, and possibly
without notice, appeal 10 the circuit court
or a Judge thereof for a mod fication of the
decree pending their appeal or for an order
making the appeal operate as sufer-
sedeas You are directed TO watch tbs
| matter closely and earnestly oppose any
such application on the ground that this Is
not an ordinary case OF e luity JuItsuiction
! between private parties, but special and
( enlarged statutory remedy In equity tY en-
join violation of penal law.
/ The decree inds the defendants guilty OF
} violating the declared public policy of the
nation. For that reason the government
, opposes any suspension or modifcatlol OF
! the judgment of the court, The mo1ifica-
ton prepared win in effeci be an indu gencs
TO continue 10 violate law of the Uni c /
States. The present relief granted by this
I decree is the injunction; TO suspend which
would produce the same effect as a certlfi-
cate OF division I'm the circuit court and de-
pIive the decree of its force and meaning.
Justiaes Governor CummIns.
d DIES MONIES, April 17.-(special )-The
5 decision Of the United States court Of ap-
! he ha har
Securities company declaring the proposed
merger OF competing railroad interests to
) be illegal and contrary TO public policy is
taken to be a complete justification of the
n action OF Governor Albert B. Cummins last
winter in yetoing a bill which he regards
as opening the way for just such mergers
under the Iowa laws. Governor Cummins
has been induced only by insistence to say
! something in regard to the bearing which
= the decision has on the Iowa situation Of a
!. year ago, but It is known that among h 8
V friends the decision causes kreat rejoicing
d and the governor is not mourning over the
incident The fight in the legislature OF
Iowa at the last session to prevent merger
7. legislation is recalled. Governor Cummins
N in his inaugural address had taken a strone
stand In opposition 20 any legislation that
would encourage consultations. II was al
n his suggestion that the Iowa laws were
amended so that they are even better today
n than ever before In protecting the state
L, from merger scandals.
D. This decision Of the appellate courts,
said Governor Cummins in response e
- questions. "commends itself to me as
n most excellent one in every way. The
merger movement is one that does mo-
meet the approval OF the American people
e, generally, for they are not anxious tina
e competition be destroyed and private
monopolies be established. l stated in m!
m speech in Minneapolis, for which l hav'
= been criticised that the only monopole
that are tolerabla at all are those hat arr
or controlled by the government. II there arr
'r 70 be monopolies they must be controlle,
m by strong hands. II competition is 10 b.
destroyed then there Is only one alteTna
u. tive-government regulation OF control
81 The railroad men have been paving tn
way for socialism. They have been pre-
e, pairing for a crusade Tor government owner
ship. That IL something l do not want