The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-09-26


the Northern Securities company was
controlling a majority of the stock of the
Great Northern as well as that of the
Northern Pacific Railway company.
II. The court erred in finding and hold
ing that the acts of the Individual stock
holders in promoting the unlawful COM
bination charged in the bill of complaint,
and as shown by the testimony, were not
the acts of said railway corporation, and
cannot be attributed to said railway cor
pOrations.
IS. The court erred in finding and hold
ing that after the Northern Securities
company had purchased and become the
owner of large majority of the stock
of the Northern Pacific Railway company,
it was not disabled thereby from after
wards acquiring majority of the stock of
the Great Northern Railway company; and
In holding and finding that in neither case
was 1t purchaser of railroad company
within the meaning of the laws of this
state set forth in the complainants bill.
10. The court erred in finding and hold
ing that the No1 them Securities company.
by virtue of its ownership of a majority of
the stock of each Of said railway COM
panies, had no power to manage, or to
direct the management, or the operation
of either railroad in respect to rates or
charges for transportation or otherwise.
20. The court erred in finding and hold
ing that none of the defendants have Vio-
lated the provisions of chapter 1853 of the
Laws of the State of Minnesota for the
year 1899.
Operates to Restrain Trade.
Fl. The court erred in finding and hold
ing that the agreement or arrangement
under which the Northern Securities COM
pany was organized, and the organization
thereof, to purchase, and the purchase by
1t of. majority and controlling interest
of the stock of each of said railway COM
panieS. are not acts or contracts in re-
straint of trade or commerce within the
state of Minnesota or without the state
of Minnesota, and do not constitute a
violation of the state laws set forth in the
complainant's bill or the national anti
trust law, referred to in said bill.
22 The court erred in finding and hold
ing that the ownership of a majority Of
the stock of both of said railway com
panies by said Northern Securities COM
pany would not suppress or does not tend
to suppress competition between said rail-
way companies in either state or inter-
state commerce.
%. The court erred in finding and hold.
ing that the formation of the Northern
Securities company. and its holding of
stock In said two railway companies, has
not, and cannot have. anything to do di
rectly or indirectly with trade, commerce,
transportation or rates within the state
of Minnesota, or along the lines of said
railway companies.
"a. The court erred in finding and hold
ing that 1t was not sufficient to entitle
complainant to relief that the Northern
Securities company may, by reason of the
combination, scheme or plan set forth in
the bill of complaint. or by the purchase
of majority of the stock OF each of said
railway companies, have acquired the
power to suppress competition between
the TIVE said defendant railway COM
panieS.
%. The court erred in finding and hold
ing that the complainant could not avail
itself of the provisions OF the act of con-
gress, passed July 2. 1890, entitled IAN
act to protect trade and commerce
against unlawful restraints and monop-
olies." being chapter SAT of the Acts of
Congress for the year 1890.
State May Regulate Traffic.
&C.. The court erred in finding and hold.
ing that the plan and purpose of organ
iz1ng the Northern Securities company for
the purpose and in the manner set forth
In complainants complaint and as shown
consuming ton of such plan and purpose
by the issuance and exchange of the
stock of the Northern Securities company
Tor a majority of the stock of the Great
Northern and Northern Pacific Railway
companies, did not invade and violate the
rights guaranteed to the state OF Mime
sofa under article Of the Constitution
of the United States.
q. The court erred in finding and hold
ing that the formation of the Northern
Securities company under tho laws of the
state of New Jersey for the purpose set
forth in compliments complaint. and as
shown by the testimony, and the at
tempt of the incorporators of said North
ern Securities company to avail them
selves OF the sovereign power of New
Jersey, delegated by said laws, for the
paint. and as. shown by the testimony.
did not constitute a violation of the right
guaranteed to the state of Minnesota I'M
der said article Of the Constitution OF
the United States which provides thai
full faith and credit shall be given in each
state to the public acts and records or
every other state.
rs. The court erred in ordering ana