The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1903-04-21
DECISION OF SAYBORN
Attorneys Of Northern "curities
Company to Pay Dividends.
TO APPEAL FROM II
Defendants in This Case Have tht
Right, Says the Judge, to Garry
the Matter the Supreme
Court of United States.

st Paul. Mimi, April 2l.--CircuiI
Judge Sanborn handed down the tOi
lowing decision, grating the request OF
the attorneys for he Northern Secun
ties company to be permitted to pay
Great Northern and Northern Pacinc
dividends to the Northern Securiue,
company:
The defendants in this case have
the right under the acts OF congress
to appeal from the decree OF the cir
cult to the supreme cour They have
claimed that right. Ordinarily those
who have the right to review Judg
men or decree of the circuit court alst
have the right upon giving a proper
bond to supercede the effect OF thu
judgment or decree during the pen
dency of appeal, but whereas. IN tn
case at bar the decree awards an IN
junction the ordinary supercedea:
stays proceedings, but does not rails,
the injunction.
To enable the courts to prevent IN
necessary loss or injury to the parttc:
to litigation in such cases. the su
preme courts provide by rule SO tina
when an appeal is allowed from a ina
decree granting an injunction Judg
who took part in the decision ma,
make an order suspending the inJunc
tion during the pendencv of the ap
peal upon such terms as TO bond. o
otherwise, as he may consider prOpe
for the security Of the opposite party
Il Is the customary practice tor tn,
courts to exercise this power when
ever their action will not inluriousl,
affect the rights Of the party who ha
secured the injunction. In tins cas-
that party is the United States IN
main purpose and effect OF the deere
Is 10 prvent the Northern Securiue
company from controlling and operat
ing the Great Northern and Northern
this end il enjoins that company from
exercising any control over their OF
Grafton and from acquiring or youu
any rthe stock Of the railroad CON
panies. and IL also enjoins the raj
road companies from paying IN
Northern Securities company any div
idends on their stock This is not al
application to suspend this injunction
The defendants ask only that the par
of the injunction which forDlds ra
payment OF the dividends be- suspend
ed during the tendency OF the appea
These dividends do not belong. an,
cannot in any event be paid TO tn,
United States II does not claim 4
have. and it has not in tbs suit. 3,
claimed. Its interest in tins lnlunC
tion are only thereby TO enforce IN,
law against Illegal combinations IT
restraint OF trade and to prevent tht
Northern Securities company iron
controlling. directing. owning operat
ing or interfering with the competing
railroads. This interest. II VIII b,
noted, is protected by that portion o
the injunction which forbids the man
aEement or control OF these railroad.
by the Northern Securities company
and forbids II from voting or acquir
ing any stock OF these railroads Thu
portion OF the injunction. indeed
every part OF the decree and this In
junction is in force, and will continue
I'm force during the tendency OF thit
appeal In any event. During this tim,
the United States has and Will have
under this portion OF the decree
which will not be modified nor sus
pended. a complete remedy for an,
violation OF the Sherman antitrust
act, should 1t occur, both by proceed
ings for contempt under this inlunc
tion and by proceedings under tn
penal clause OF the Sherman antitrus
act
The appeal in this case Will proba
bly, be determined by the suprem,
court about November, 1903
After the reading OF the decision
the appeal was perfected and the bon,
was filed