The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-04-13
Decree Limited to Thou Shalt Not.

What is the execution Of that decree
which is limited to Thou shalt not?i
which directs nothing to be done by any
one whomsoever? What can be the ex-
ecutiOn of that decree but obedience, but
RETAINING on the part of the defendants
and all their agents and servants from
doing the things which are prohibited!
And so long as the defendants then
servants and agents refrain from doing
the things which your honOrs have com
manded them not to do, what further
execution of the decree is possible?
Your honors We're proceeding under a
peculiar statute. You were not .exercis-
ing general equity jurisdiction. You were
proceeding under the fourth section of the
hibitive, which said, Thou shalt not >
and only Thou shalt not"
Having invoked that authority on youl
honors' part and having by the exercise
OF that power brought before you here
a corporation of the state of New Jersey
the attorney general in his bill prayed
not only the prOhibitOry relief which was
expressly authorized by the statute but
prayed also that your honors should direct
that the stock of the Northern Pacific
and Great Northern companies which
had been vested in this Northern Securi-
Ties company pursuant to what he alleged
and what the court has now found to have
been an illegal combination, should be re
turned to the persons from whom it orig
inally come.
The attorney general in that prayer. go
ing beyond the express authorization OF
the statute, when your honors came tC
draft your decree you refused the relief
that ne asked-fOr the return of the stock
OF the Northern Pacific and the Great
Northern to the persons from whom il
came-and made your decree square pre-
clsely with the limitations Of the statute
No Interference Necessary.
And it stands. therefore, in this court
ana IN this case upon your honors' de-
cree-now affirmed by the Judgment OF
the supreme court of the United States
that no interference with the cOnduct ot
the affairs Of his corporation was neces-
sary 70 the fulI exercise Of your honors
jurisdiction except Thou shalt not dc
thus and So. The five things which
your honors said shall not be done. stand
upon your decree, and upon the Judgment
or the supreme court affirming it, as ali
that 1t was necessary for your honOrs r.
do to prevent the violations of the Law
complained of by the government in this
cause.
Your honors were not. however silent
upon the subject of the attorney generals
prayer for direction that this stock be
returned. refusing decree that it be
returned, the opinion upon which the
decree was based, after describing this
relief that would be given proceeded r.
say, And finally, permitting the secIIri-
TIES company TO return and transfer tc
the stockholders of the Northern Pacific
ana Great Northern companies any anC
all shares of stock of those COMPANIES
Whlch 1t may have received from sucI
OWT
stock" That is to say your honOrs 50 III
I'VE will not, and it is not necessary
Tor the purpose of indicating this law
10 make any direction about what this
corporation shall do with its stock. we
Will prevent their exercising the illega
control which restraints competition am
we VIII do it by injunction, and it is MOI
necessary to go beyond that and give any
direction about what they shall do witt
|, the stock they have received but while
we will not order it, we will permit it,"
Refused to Order Return of Stock.
Then when you came to the decree
| observe that so careful We're Won To re-.
IRAN from interfering with the affairs o.
TINS corporation beyond the prohibitions
| necessary to vindicate the law that in
stead OF using the word permit" which
was used In the opinion, the language
IS changed and you say, "bUt nothing
| herein contained shall be construed as
prohibiting" So that your honors did M
make yourselves the source of authority
| Tor the return of the stock; you not onlT
reused TO order its return, but you re.
| source Of authority for it's return anf
| consequently disposed of that branch u
the attorney generals prayer by sayins
! that nothing which you did do should bo
| held to prohibit the corporation maxine
| such a disposition.
| Now, our friends come into court ant
/ they ask that you make a decree. the,
ask that they be allowed to file a neti-
| ton in intervention, TO the end that the,
| may ask your honors to make the deere,
which you refused to the attorney gen
eral
Mr.. Hartman. the petitioner here, wa
| a director Of the Northern Securities com
pany. That company, it appears by tn,
| papers before you and upon the record.
| in the cause, was first organized by til,
! filing of a certificate of organization il
| the state of New Jersey on the 18th O
November, 1901, and on the 14th of No
/ yember the organization Of the board o
| directors of the company as il continue,
! in the transaction Of its business wa,
| made. and upon that day-upon the frs
| day of the corporate life Of the corpora
| tion-Mr. Hartman became q directo
and remained so throughout the entir
| period Of it's existence until this presen
| day. and that company, under the direc
was member, appeared in court and on
posed the very decree for which they nov
/ ask