Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1903-08-02
DECISION HANDED
DOWN BY LOCHREN
State of Minnesota VS.. North
ern Securities Company.
DECISION IN FAVOR OF LATTER.

Finds that Northern Securities Com
pany Hes Not Violated State Laws
Forbidding Consolidation Parallel
and Competing Railway Lines.
St, Paul, Mimi, August Judge
Lochren today in the United States
circuit court handed down his deci
sion in the case of the state of Min
nesota against the Northern Securities
company, the Northern Pacific railway
and James J. Hill, president of the
dividually in which he sustained the
contention of the defendants and dis
missed the bill of complaint of the
state. He finds that the Northern
Securities company has not violated
the state laws forbidding the consoli-
dation of parallel and competing lines
Of railways He refused the tnjunc-
ton asked by the state of Minnesota
to restrain the Securities company
from voting the stock of the two rail-
road companies or either of them.
This decision affects the results of
the fedelal governments victory in
their sui. in no way whatever. The
suit involves the same defendants and
the same general state Of facts, but
was based On totally different conten-
tion of law The federal suit in
which the Securities companies was
beaten was prosecution for violation of
the Sherman antitrust law passed by
the federal congress.
The state suit in which the Securi-
ties company wins was based on an
allegation that the defendant violated
acts of the Minnesota legislature for
bidding the consolidation Of parallel
and competing lines of railway. The
hearing of the state suit was begun
Friday, June 5, before Judge Lochren
in the federal court. 1t followed the
both sides for many months IN which
Frederick G. Ingersoll, of this city,
acted as referee. The final argument
lastei five days, in which Attorney
George B. Wilson, and Attorney M. D.
Mum spoke for the state and George
B. Young, M. D. Grover and C. w. Bum
for the defendants The case was sub
mitted Wednesday, June 10. An ap.
peal to the United States supreme
court is now pending in the federal
suit
Judge Lochren in his decision says
In part:
The defendant, the Great Northern
Railway company, is a Minnesota cor
poration, which has, as stated in the
BILL acquired the property rights and
control of various specified railway cor.
porations That the defendant North
ern Pacific railway is a Wisconsin
corporation, which filed it's articles OF
incorporation In Minnesota and in 1895
purchased and acquired all the railroad
properties. railway lines, right of way,
olling stock and franchises of the
Northern Pacific company, and he also
stated the bill acquired property rights
and franchises and the management
and control of other specified railway
corporations. That said great North.
ern Pacific which is now and for many
years severally own, operate and main.
tain main line of railway extending
from the cities of Duluth, st. Paul and
Minneapolis, westward across the state
of Minnesota, North Dakota, Montana,
Idaho and Washington to Puget sound,
with many branches along the route
of each and said two systems of rail.
roads are as to each other parallel and
competing lines of railro&d at least
between cities and towns reached or
traversed by the lines of both of said
two railways along which are Duluth,
St. Paul, Minneapolis, Ainoka, ST.
Cloud, Moorhead, East Grand Forks
and several other towns in the state
Of Minnesota and that as reason why
the Negree of competition for the traf.
flc between places so situated on
both said lines of railway has exist.
ed in the past years"