Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-08-01
Securities Go.
Wins It's Suit.
Judge LocRren q. S. Circuit CoaH al 81 Paul SuStainS
Contention of Defendants and DSmSSeS Bill of Com
plant Of minnesota Company %of Gully of Violating
Lass c4gamsf Consolidating Parallel Competing Lines

81, Paul, Aug. l."-JuuBe LocuIth to-
day 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 railway, the Northern
Pacific railway company, and James j..
Hin, as president of the Northern Sc
cureties company and individually IN
which he sustained the contentious Of
the defendants and dismissed the BIZ
OF complaint OF the state, lie finds thar
the Northern Securities company nos
not violated the state laws lofbi0dhg
the consolidation OF parallel ana COM
peting lines OF railway through us
ownership of the stock u the Great
Northern and N0rtnern Pacific lail-
ways He refuses the injunLt,uns ASKED
by The STATE OF McihneAOta 10 restrain
tue secureies company IRON voting the
stock OF the two railroad companies or
either OF them.
This decision affects the results OF
the federal governments victory IN the
circuit court ia no way whatever. The
federal suit In .olyed the same defend
ants and the same general state OF
facts, but was has ID on totally diner
ent contention Of law.
The federal suit In which the secur-
cites was beaten was prosecution for
violation Of the sherman antitrust law
passed by the federal Congress.
The state suit, in which the secure
ties company wins, was based on an
allegation that the defendants violated
acts Of the Minnesota legislature, for
bidding the consolidation Of parallel
and competing lines Of railway.
The hearing OF the state suit was be-
gun Friday June 8, before Judge Loch-
rem In the federal circuit court. IL fol-
lowed the submission of much testi-
mony by both sides for many months
In which Frederick G.. lngers0ll Of this
city acted as referee. The final ar
gument lasted five days, IN which At
Orney-General Douglass. former Atty
Gen. George b. Wilson and Atty. NJ. d.
Mum spoke for the state ana George
b. Young, NJ d. Grover and g. W.
Bum for the defendants The case was
submitted Wednesday, June TO- An APP
peal 10 the United States supreme court
IL now pending IN the federal suit
Judge Lochrou his de>lS4On says ia
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
franchises and the management and
control Of various specified railways.
That the defendant, the Northern Pa
cifc Railway company, Is a Wisconsin
corporation which filed is articles Of
Incorporation In Minnesota, and IN 1896
purchased and acquired all the railroad
properties, railway lines, right Of way,
rolling stock and franchises Of the ear
ler Northern Pacific Railway company,
and he also stated in the bin acquired
the property rights and franchises and
the management and control Of other
specified railway corporations. That
said Great Northern and Northern Pa
cilic companies nov and for many
years. seyerally own, operate and main
tain and operate a main line OF rail-
way extending from the cities OF Du-
luth ST. Paul and Minneapolis. west
ward across the states Of Minnesota.
North Dakota Montana. Idaho and
Washington TO Puget sound with
many branches along the route OF said
me anu lilt lNt SNNitNls pl ldlilodus
are as to each other parallel and COM
peting lines Of railroad. at least be-
tween cities and towns reached or trav-
ersed by the lines Of both Of said two
railways, among which are Duluth, ST.
Paul, Minneapolis Anoka. 81. Cloud,
Moorhead, East Grand Forks and sew
era other towns IN the state Of Mime
sofa, and that reasonable degree of
competition for the traffic between
places so situated on both said lines
Of railway has existed in the past
years"
After recitlug the act passed by the
legislature Of 1874 forbiddlng the con
solldation Of parallel railroads, also the
act Of 1881. permitting one railroad
company 10 consolidate It's stock and
franchise with the stock Of any other
roads which might be connected and
operated together TO constitute a CON
tinuous main line with or without
branches and calling attention TO the
fact that the same statute reiterated
the prohibition against CONSOLIDATING
parallel and competing lines. Judge
Lochren calls attention 10 the passage