New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-04
FIGHT FOR n. P. CONTROL.
MERGER IN COURT AGAIN.
Hartman HdntS to Get His Stock
BcCk en- Redistribution.

St. Paul. April 3.-The contest for the control
OF the Northern Pacific Railway as between the
IIiu- Morgan element of the Northern Securities
Company and Z. H. Hartman, has been trans
ferred 10 the United States Circuit Court, and
action has been begun by the Hartman
interests TO compel the Securities company 20
return the original holders the Northern
Pacific shares exchanged for Northern Securi-
ties Company stock. instead OF the proposed
division OF Northern Pacific and Great Northern
stock The Hartman interests. prior to the
formation of the Securities company held a con-
trolling interest in the Northern Pacific. the
struggle for II eliminating in the memorable
May panic on the New-York Stock Exchange.
petition signed by f. H. Hartman and
Windsow 5. Pierce, as trustees for the Oregon
Short Line. filed IN the United States Cir
cult Court late Yesterday, asking the court to
direct the Northern Securities Company 10 re-
turn TO the original shareholders the Northern
Pacific stock exchanged for Northern Securities
stock at the time Of the formation Of the latter
company. The petition was filed by ex-Judge
John F. Dillon and William u. Guthrie as attor-
neys for Hartman and Pierce. and notice Of the
action was served on y. u. Grover. G. w Bunr
and Judge George r Young the attorneys for
the Securities company. The petition is return
able April ID
The petitioners ask the court TO intervene in
the suit Of the United States against the North
ern Securities Company. The purpose Of the in
tervention is 10 have the decree Of the court
modified and to have the court direct that the
Northern Securities Company shall deliver in
exchange for its shares the stock Of the North
ern Pacific that it acquired and 10 proven.
ratable distribution Of the Great Northern and
Northern Pacific stock among the shareholders
planned 10y the directors Of the Northern
Securities Company
None Of the attorneys for the defendants
would make to-day any extended statement with
reference to the Hartman suit. It was ad-
mited. however tnat the action was a step In
the struggle for the control OF the Northern Pa
cifc Railway which is being waged between r
II. Hartman and allied interests and the Hill
Morgan combination. That some step was an
ticipated the attorneys seen admitted but each
stated that the filing Of the petition yesterday
came as a surprise. and that he would be unable
10 state what course would be pursued until 1 he
principals had been. consulted.
The citation in the suit is directed 10 the
Northern Securities Company. the Northern Pa
cifc Railway Company. the Great Northern Rail-
way Company. James j. Hill. J. p. Morgan and
others. and gives notice that on April II Harri-
man. Pierce and the Oregon Short Line Rail-
way Company will apply to the judges Of the
United States Circuit Court for leave to file a
petition OF intervention in the suit OF the United
States against the same defendants. with refer
ence 10 the execution Of the final decree Of the
court. which filed on April 9. 1903.
THE PETITION TO THE COURT
The petition Itself is as follows:
First-Your petitioners. Hartman and Pierce are
now and ever since November is. 1901 have been.
the regfstSred ard holders of $50 fsl S7 par
value Of thds pta stock OF the defendant North
Securities Company. and such holding of stock
by them is and was as trustee for the and
benefit OF your petitioner, the Oregon Short Line
Railroad Company. which company and still
Is the beneficial owner thereof
Second-Your petitioner. the Oregon Short Line
Railroad Company. by indenture dated July II. 1902
pledged 81 f9l 900 par value OF said stock with the
Equitable Trust Company. Of New-York. trus-
tee for issue OF bonds OF your said petitioner.
or 9hch So fsi coo face value have been certified
and Issued: but under the terms Of said trust in
oenture the stock pledged and standing In the
name OF your petitioners, Hartman and Pierce, is
available 70 your petitioners for the purpose of
tender. return and restoration OF the status quo
as hereinafter alleged and prayed which will fully
appear by reference 10 said trust indentIre 10 De
produced on the hearing.
Thtrc-As your petitioners advised and believe.
over s cent OF the outstanding capital stock OF
said Nlrthern Securities Company was issued in
exchange for shares of the capital stock OF the
Northern Pacific and Great Northern Railway COM
on third nagex