The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-04-21

Argument to be Heard Monday on a
Request by the Company's Attor-
neys for a Suspension of the Re-
cent Decree.


ST. Paul. Mimi. April 17.-Circuit
Judge Sanborn today set Monday morn
ing. April Doth as a time for hearing
arguments On a request by attorneys
for the Northern Securities Company,
that the decree recently handed down,
be suspended. in so far as it prevented
the payment by the Great Northern and
Northern Pacific railways OF dividends
to the Northern Securities Company
since these dividends were ultimately
to reach the same people anyway Dis
trict Attorney c. c. Caupt. appeared to
oppose any motion for a modification Of
the decree. The attorneys for h rail-
roads explained that the regular divi-
demo day had nearly arrived but that
under the decree it was icpossible for
the railway companies to close their
books and pay any dividend, a matter
affecting something like 1900 individu-
ais. 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 for
NAL appeal which was sure to come in
the course of time. Judge Samborn
preferred that the whole matter be
left over until all four circuit court
judges could lear it,, which would be
on May 4th, but owing to the urgency
of the matter on which a suspension
was desired finally agreed to hear and
decide as to the required suspension OF
next Monday morning.
Before the case can be finally passed
on by the supreme court over $14, 00O,-
600 would be paid in dividends in case
this part of the decree could be sus-
| pended, but otherwise the sum would
be tied up and the people to whom it
was properly due could not receive it.
The Government Objects.
Washington, April 17.-Referring to
the application at St. Paul today in
behalf of the Northern Securities Com
pany, the department of justice has
made public the following Geographic
Instructions of the attorney general to
the United States attorney at st. Paul
On the 14th instant.
1T is likely the defendants il the
Northern Securities case will forthwith
and possibly without notice appeal to
the circuit court or judge Thereof for
modification of the decree pending APP
peal or for an order making the appeal
operate as supersedias. You are di-
rected to watch this matter closely,
and earnestly for any such applica-
ton on the ground that this is not an
ordinary case Of equity jurisdiction be-
tween private parties but special and
enlarged statutory remedy in equity to
enjoin violation Of a penal law. The
decree finds the efendan guilty of
violating the declared public policy of
the nation. For that reason the gov
eminent opposes any suspension or
modification of the judgment of the
court. The modification proposed would
in effect be an indulgence to continue
to violate a law of the United States.
The principal relief granted by his de-
cree is the Injunction; to suspend it
would produce same effect as a
certificate of division in the circuit
court. and deprive the decree of its
force and meaning"
New York. April 1.-THE directors
Of the Northern Securities Company
held their first regular meeting since
the recent merger decision today. Ac-
cording to statements made after the
meeting the only business that came
before the board was of a strictly rou.
tine character.