Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1904-04-13
Three COrnered Fight in
Merger DiSSOIutinn
HARTMAN is SURPRISED
He Learned in Court for the First
Time That Att'y-Gen. Knox Would
Oppose His Plea for Leave to Inter-
vene in Nsrthern Securities Case.

st. Paul, April IA great legal
battle by corporation lawyers whose
names are familiar throughout the
United States, is being waged in the
United States district court before
Judges Sanborn, NandeVanter, Hook
and Thayer, the action being based on
a motion presented TO the court by +.
H. Hartman ct al for leave to file an
intervening petition for the purpose Of
showing why the Northern Securities
company's officials should not car
ry out their plan of distribution of the
assets of the recently declared illegal
Northern Securities company in 4
manner declared to be inimical to the
interests of Hartman and Pierce. At
torneys representing the plaintiffs We're
w d. Guthrie, r. s. H-ovett,, general
counsel of the Southern Pacific rail-
road; Judge Baldwin, of Omaha, and
Maxwell Evarts, of Ohio.
The defendants are represented by
Elihu Root former secretary of war,
John G., Johnson, of Philadelphia;
Francis Lynde Stetson, counsel for J..
p. Morgan & Company; George Young,
Frank b. Kellogg and c. A. Severance:
also c. w. Bum, general counsel for
the Great Northern. Beside this array
of talent the United States government
was represented by District Attorney
c. c. Hought who has made an objec-
tion to the intervention under the di-
rection of Attorney General Knox.
This intervention was something
of a surprise to the petitioners, who
were not aware of it until after Mr..
Evarts had opened his case for the
plaintiffs, when Judge Sanborn asked
him if he was aware that the United
States government objected TO the in
tervening petition. The court then di-
rected Mr.. Hought to read the objec-
tion of Mr.. Knox, which is as follows:
Il respectfully submit to the court
that notice has been served upon me
that Edward II. Hartman. Winslow s.
Pierce and the Oregon Short Line Rail-
road company viii apply to the judges
of this court for leave to intervene in
this case and to proceed and be heard
in respect of the final decree of this
coure entered on April 9, 1903. as af-
frmed by the supreme court of the I'm
tied States and for such other or fur
ther or different order or relief as
the court may see fit. The United
States neither admits nor denies the al
legations of the petition, but objects tc
the proposed intervention. This case
was heard by this court on a bill. an
swer and testimony. and final decree
was entered, enjoining the defendant
Is therein recited. Upon appeal by tht
defendants to the supreme court OF the
United States. the decree of this court
was affirmed in every particular effect
which was to end and close the case
The United States stands on the de-
cree as affirmed. and submits that tho
court is only concerned to see that il
is observed by the defendants accord
ing to its terms.
p. c. KNOX, Attorney General"
Mr.. .Evarts in his statement contend
ed that the Securities company in it,
final distribution of assets intended tC
take a course which would continue tht
common control of the Northern Pa.
cifiic and the Great Northern railways
to the detriment of the plaintiff and II
continued violation of the Sherman an
ti-trust law.
Mr.. Root contended there was NJ
warrant i'm the general rules of prac.