The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-21

and that the circuit court be directed
to decree a dismissal of said petition
and proceeding.
Accompanying the appeal was a bond
for $4,000, signed by the National Sc
curities company.
The appeal is signed by all of the
attorneys representing the different de-
PENDANTS to the suit.
The errors assigned by the defend
ants are given in full, as follows:
First-The court erred in finding and
deciding that in the summer of 1901 GER
tain large and influential stockholders of
the defendant railway companies con-
ceived the design of placing a very large
majority of the stock of both of said com
panieS in the hands of single owner
And erred in finding and deciding that the
StockholderS thus described had practical
control OF the roads of the two defendant
railway companies.
SecOnd-The court erred in finding and
deciding that said above described share
holders arranged and agreed with each
other that a corporation to be formed by
them under the laws of New Jersey should
buy all, or at least the greater part, of the
stock of each of the defendant railway
companies.
Third-The court erred In finding and
decId1ng that the above described stock
holders agreed with each other to eX-
change their respective holdings of stock
IN the two defendant railway companies
1or the stock OF such New jersey COM
pany.
Fourth-The court erred in finding and
deciding that the above described stock
holders agreed with each other to use
thelr influence to induce other stockhold-
erS IN their respective companies to ex-
change their respective holdings of stock
In SAID railway companies for the stock
of such New Jersey company. and i'm de-
cldlng that this was to the end that the
New Jersey company might become the
sole owner or the whole or at least a
major IN aiIC portlon OF the stock of both of said
Ftth-The court erred In finding
ana deciding that the Northern Sc
Surltles cur company was organized un-
der the plan mentioned in the fore
gong assignments, and In finding and
deciding that the capital stock of
saw, 10000 with which the Northern Sc
curltles company was organized. was the
exact amount required to purchase the
total stock of the two defendant railWav Y
companies at the price agreed to be paid
SiXth-The court erred in finding and
deciding that when the Northern Securi-
ties company was organized it assented to
ana pecame party to the above men
toned scheme so found by the court as
aforesaid to have been devised by its
promoters. ~
sosiy;e seXenth1The court erred in finding and
deciding that the Northern Securities
company was enabled to make purchases
or stock Of the Great Northern Railway
company from holders thereof not immed-
Northern Securities company, by the ad-
wee; procurement and persuasion of those
stockholders of said railway company
who had been instrumental in organizing
the Northern Securities company.
Eighth-The court erred in finding and
deciding that the scheme so as afoTesai id
erroneously found by it to have been de-
Fi6ed t,.SI IL ana 3 consummated. placed the con
tfoI OF the railways of said two railway
companies in the hands of the NortbeT1S
securities company. and destroyed every
motlVe for competition between said two
railway Ia companies by pooling their earn tTo
ha5S htn5S tor IN tne common benefit of the stock
holoers OF both railway companies: and
slnh erred IN finding and deciding that any
such' or any pooling of earnings. was
ever contemplated or has ever been maJa "aS
Nlnth-Ihe court erred in holding and
deciding that all contracts and comhi-
nations tarafat which merely tend to restrain in
SION or competition or otherwise are IN
themselves, and although such tendercv
does not result in any such restraint Yioyy
Iadi9ns Ia66 OF the act of congress of july ;
1881. known as the antitrust act -
Tenth-The court erred in holding and
Geel0lng that all contracts and combina-
Continued on Sixth Page.