The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-01-16

gan1zed under. the laws OF New Jersey
Northern and Northern Pacific Railway
companies, for the purpose of acquiring
thus effecting consolidation of the prop
erty and franchises Of thsse two Compel
ing lines Of railway. in this state in vio-
latlOn of the laws of Minnesota.
Inc attorney general retained special
counsei to assist him in enforcing the
laws of this state and preventing such
on behalf of the state to bring this suit
In the supreme court, for the reason that
the Northern Securities Company was a
tionable whether or not jurisdiction
could be obtained over such corporation
IN n this state Owing to peculiar .condi-
shortly after that, suit was begun IN the
district court of Ramsey county, aad an
effort made to acquire jurisdiction over
Northern Securities Company and the
two railway companies involved then
MADE an application to remove this suit
the company did not own any property
situated in Minnesota and was not doing
business therein, and an order, was made
transferring the suit to the federal court,
where 1t is now being pressed
=, Before acSuiescing. to the removal to
the federal court. the attorney general
ana MS associates became convinced that
1t would be very doubtful if jurisdiction
could be obtained over the Northern Sc
curities Company in the state court, ow-
Ing to the fact that our statutes made
no provision for service upon a foreign
corporation. where such corporation has
not appointed an agent within the state
upon whom service could be made. and for
the further reason that the Northern Sc
curlties Company was not doing business
have been informed by counsel for the
state that prior to 1899 we had on our
statute books an act which would enable
the state to have made service upon
such corporation, but this act was re-
pealed in 1899. The Northern Securities
Company has submitted to the jurisdic-
ton OF the federal court after declining to
submit to jurisdiction in the state court
A large amount OF testimony has al
ready been taken in the federal court, and
this testimony shows. among other things.
that the stockholders Of the Northern
Pacific Railway Company have already
exchanged more than SO per cent of the
the stock of the Northern Securities Com
pany. 1t also shows that the stockholders
of the Great Northern Railway Company
have already exchanged 80 per cent Of
the total capital stock of that company
for the stock of the Northern Securities
ths a gng, the latter
Northern and Northern Pacific companies Ia.
January. 1902 joint circular was issued
by the officers of the two railway COM
panies; withdrawing an .equalizing or
in this state where the distance was
greater by one route than the other, and
requiring the freight to be shipped by
willing to. pay distance tariff or higher
rates by the other road. I refer to this
only for the purpose of showing the eff
fectiveness of this consolidation.
The executive officers of the state are
doing and will continue to do. all in their
power to defeat this consolidation. 1t
may be that the courts will decide that
the laws of one state can be evaded or
Violated by means of corporation organ
lied under the laws of another state; IL
so, all the benefits of the more perfect
union" so earnestly sought by the franz
ers of the constitution, and so much de-
sired by all law abiding citizens, will not
be realized. have an abiding faith, how
ever, that the laws of this state will be-
sustained, and that the attempt to eyade
them in the manner stated will be de-
feated.
The law Of this state prohibiting the
onsolidatlon OF competing lines of rail-
way is declaratory of a wise public policy
and any effort to weaken or undermine it
should be defeated, and every effort put
forth to enforce and strengthen its pro-
visions
We hear much these days of "good'
and bad" trusts. l do not wish to take
! any of your time in discussing the fallacy
or correctness Of such term. I do as
trust or combination is more dangerous
to the public welfare than a combination
i which either has the power to or does
stif1e or remove competition in freight
and passenger business.
1t seems to me that few, If any COM
binations of trusts can be successfully
maintained unless they are connected
with, or in such a position that they can
control the avenues and means Of trans
! portation.
call your attention to the condition of
the suit of the state against the North
ern Securities Company and the two rail-
way companies involved, so that you may
be informed Of the situation and pass
such legislation as am informed the
vided it meets with your views, looking
toward the removal of some of the OBJ
stacles encountered by the state in it's
! suit.
Our state is engaged in a great legal
battle to protect our rights. The state of
Washington has a suit pending in the
by order of the president, Attorney Gener-
al Knox has commenced action looking to
/ the dissolution of this company. Realizing
the power eps OF CO. corporate wealth, CONGRESS
| dollars to aid the legal officers of the
government in prosecuting this and all
s other Ill, Illegal a1, trusts End unlawful com,
| be no apprehension, for there is power
| greater than corporate wealth; greater
than even the supreme court of the Unit
| ed States, and that is the power of the
| American people, and when once aroused
no evil can resist this mighty force.
| Before closing I desire to commend At
| torney General Douglas and his associates
| for the able manner in which they are
| conducting this suit, and will state that
| it is the intention to press this action I'M
| til finally decided by the court of highest
| jurisdiction.
Primary Election Law.
After a trial of the primary election
| law the concensus of opinion seems to be
| that the law will be permanent method
| of nominating candidates for office. Ex-
! perience has suggested amendments and
| will continue to do so from time to time.
Many amendments have been suggested
and discussed in the public press and
otherwise and undoubtedly some Of these
suggestions are meritoriouS. A change in
the time of holding the primaries seem
! to meet with popular favor, and after
mature consideration / recommend that a
change be made providing for the holding
Of the primaries late in June or early
| in July. / also recommend that the filing
of certificates of candidates be limited
| to thirty days prior to the date of the
| primary election. 1 am also of opinion
| that it would be advisable to so amend
| the law that a person desiring to become
an independent candidate be compelled
| to take the necessary steps prior to the
primary election and not afterwards, as
he may do under the present law 1t
would be WELL alss, for you to consider
whether 1t would not be wise to so amend
the law that the different tickets would
appear on one ballot rather than for the
elector to call for the ticket representing
his political views, as under the present
law. With such an amendment the voter
would vote only the one ticket represents
ing the party with which he affiiliates.
Many other amendments will probably be