The Birmingham age-herald., 1904-04-13
GIGANTIC LEGAL
 BATTLE IS NOW ON Fight Over Distributing Assets
 of Securities Co. HARTMAN Is INSTIGATOR United States Attorney General Knox Springs Something of Surprise
 In Camp By Motion for
 Intervention.
HARTMAN Is lNSTIGATOR

St. Paul, April 12.-What is perhaps one of the greatest legal battles by corpora tion lawyers whose names are familiar 1 from one side of the United States to the other who represent two of the veal thiest sets of corporations in the United States is being waged in the United States district court here before Judges Sand borne, Hook and Thayer
 This action is based on d motion pre- sented to the court by E. H. Harriman ct al, for leave to file an intervening pe- tition for the purpose of showing why the Northern Securities companys offl- eials should not carry out a plan of dis tribution of the assets of the recently declared Illegal Northern Securities com pany in manner alleged to be determined to the interests of Hartman and Pierce The attorney representing the plaintiffs were D. c. Guthrie, R. S. Lowell general counsel of the Southern Pacific, Judge J. l M. Baldwin of Omaha and Maxwell Ev- arts ot Ohio
 The defendants were represented by Elihu Root, John G. Johnson of Philadel- pha, Francis Lynde Stetson George P. foung, Frank B. Kellogg and C. A. Sev- erance, also c. W. Bum. general counsel Tor the Northern Pacific, and M. D.. Drover, general counsel for the Great Nor- thern Besides this array of counsel the l united States government was represent ca by District Attorney C. c. Houpt who presented an objection to the interyen- ton under the direction of United States Attorney General Knox.
 Something of Surprise.
 This intervention was something of q surprise to the petitioners who were not aware of 1t until after MT. Evarts had i opened the case for the plaintiffs when Judge Sanborne asked him if he Was aware that the United States government obJected to the intervening petition. The | court then directed Mr Houpt to read inc objection Of MT. Knox. which Is as fol- 1 lows:
 T respectfully submit to the court that notice has been served on me that Ed ward H. Hartman, Wnsow & Pierce l and the Oregon Short Line Railroad com pany will apply to the judges of this court for leave to intervene in this cause l and to proceed and be heard in respect of the final decree of this court entered on April g. 1905 as affirmed by the supreme court of the United States and for such other or further or different order or re- lief as to the court may seem fit The united States neither admits nor deniCs the allegations of the petition, but objects to the proposed intervention"
 This case was heard by this court on bill, answer and testimony and a final de cree was entered enjoining the defend l snts therein recited
 Upon appeal by the defendants to the supreme court of the United States. the decree of this court was affirmed in ev- cry particular, the effect of which was to end and close the case
 The United States stands on the decree as affirmed and submits that the court s only concerned to act so that it is faith fully observed by the defendants accord ing to its terms. P C. KNOX
 Would Be in Violation.
 MT. Evarts, in his statement. contended that the securities company in it's final l distribution of the assets intended to | take course which would continue the common control of the Northern Pacific and Great Northern railroads to the det- riment of the plaintiff and in continued violation of the sherman antitrust law
 Mr. Root eontended that there was not warrant in the general rules of practice in the decrees of the court nor in the statues for this intervention. He said | the decree of this court was limited to the simple command thou shalt not and nothing was expected but absolute obedience.
 The arguments of both Mir Evarts and l MT. Root occupied less than an hours time bu. every word was followed with the closest attention by the throng of attorneys and spectators who crowded l the court room, gallereis, and who sat on tables and the steps leading to the l tribunal.
 Mir Roots argument was finished just 1 before noon and when the court resumed at o'clock Judge LoVett began his ar 1 gument on behalf of the petitioners. He | began with the contention that if the Northern Securities company had been the legal owner of the stock of the North ern Pacific and the Great Northern com panies it would have been entitled to the fruits of that ownership and the attor- ney general would not have obtained the relief he sought in the original suit The foundation of the bill in that case was that the stock had been acquired and held for an illegal purpose.
 No Title Ever Passed.
 The decree of the court had determined that no title to the stock ever passed to the Northern securities company because that company was not legally capable of holding such title. The decree further had the effect of giving the court prac- teal custody of the stock of the North erin securities company.
 The petitioners he said were not asking the court to wind up the affairs nor dis solvel the securities company. They were asking it to dispose of the stock In what they contended was the oply way consis- tent with the decree of the court. The plan of distribution proposed by the northern securities company did not dis solve that corporation. It simply de- creased or attempted to reduce it's stock in such manner as would leave its stock holders in control of the roads.
 When Mir. Lovett concluded former con gressman J. Hamilton Lewis of Chicago appeared and stated that he represented the continental trust company of New Jersey and asked to be heard as an ob- iector to the petition. The court allowed him fifteen minutes. He said that his client was the owner of five thuosand shares of the stock of the northern secu- rites company and objected to the pet- ton being granted because the court had no jurisdiction.
 The court adjourned the case until 10 o'clock tomorrow morning when one hour and fifteen minutes will be allowed for further argument.