The Montgomery advertiser., 1903-08-02
Cases Goes Against State
 of Minnesota.
Assistant Attorney General Day Says Decision Has No Effect What ever on Victory Recently
 Won by the Gov
 ernment.

St. Paul. Minn., Aug. 1.-Judge Loch- ren today in the United States Circuit Court handed down his decision in the case of the State of Minnesota against the Northern Securities Company, the Great Northern Securities Company, the Northern Pacific Railway, and James j.. Hill. and President of the North Securi- ties Company, and individually, in which he sustained the contention of the de- fendants and dismissed the bill of com plaint of the State.
 He finds that the Northern Securities Company has not violated the State laws forbfdding the consolidation of parallel and competing lines of railway, through It's ownership of the stock of the Great Northern and Northern Pacific Railways.
 He refused the injunction asked by the State of Minnesota to restrain the secur- tiles company from voting the stock of the two railroad companies or either of them.
 Other Suit Not Affected.
 This decision affects the results of the Federal Governments victory in their suit in no way whatever. The suit involves the same defendants and the same general state of facts. but was based on totally different contention or law. The Federal suit in, which the securities companies was teften were prosecution for violation Jf the Sherman antitrust law passed by thS Federal Congress.
 The State suit in which the securities company wins. was based on an allega- ton that the defendant violated acts of the Minnesota Legislature forbidding the consolidation of parallel and competing lir-S CT railway.
 Ire hearing of the State suit was begun Frit:av. June 5. before Judge Lochren, in the Federal Court. It followed the sub mission of reams of testimony by both tides for many months, in which Fred erick G. Ingersoll of this city, acted as referee The final argument lasted five days, in which Attorney Douglass, former Attorney General George B. Wilson and Attorney Nj. D. Mum spoke for the State and George B. Young. M. D. Grover and C.. W. Bum for the defendants. The case was submitted Wednesday, June 10. An appeal to the United States Supreme Court is now pending in the Federal suit
 Judge Lochren in his decision says in part:
 Judge Lochren's Decision.
 "The defendant. the Great Northern Raiiway Company, is Minnesota corpor- alton, which has. as stated in the bill, acquired the property rights and fran chises and the management and control of various specified railway corporations. That the defendant. the Northern Pacific Railway, Is a Wisconsin corporation, which filed it's articles of incorporation in Minnesota, and in 1896 purchased and acquired all the railroad properties, rail- way lines. rights of way. rolling stock and franchises of the Northern Pacific Company"
 He also stated in the bill acquired prop erty rights and franchises and the man. agement and control of other specified railway corporations that said Great Northern and Northern Pacific which is now and for many years severally owned, operated and maintained a main line of railway extending from the cities of Du- luth. St. Paul and Minneapolis, westwa Rd across the State of Minnesota, North Da- kota, Montana, Idaho and Washington to Puget Sound, with many branches along the route of each said two systems of railroads are as to each other parallel and competing lines of railroad; at least be- tween cities and towns reached or travers- ed by the lines of both of said two rail- ways among which are Duluth, St. Paul, Minneapolis, Anoka, St. Cloud, Moorhead, East Grand Forks and several other towns in the State of Minnesota and that as a reason why the degree of competi- ton for the traffic between places so