The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1904-04-28
Mr.. HILLS VICTORY.

In the great legal battle between
the Hill and Hartman forces for
the control of the Northern Pacific
railroad, recently fought out in the
United States Circuit Court, in St.
Paul, Mr.. Hill was victorious, the
court rendering a unanimous opin.
ion denying the petition of the in.
tervenors,
The petitioners were represented
by William D. Guthrie, r. S.
Lovett, Maxwell Evarts, son of
William M. Evarts, and John D.
Baldwin. The Northern Securities
company was represented by Elihu
Root, ex-secretary of war, John G..
Johnson, Frank B. Kellogg and
G. A. Severance.
The following admirable synopsis
of what was done was taken from
the st. Paul Dispatch.
"wHAT THE CASE INVOLVED"
The fight between the Hill and
Hartman interests involved the
control of the Northern Pacific road.
The application of the Hartman IN
terests for leave to intervene was
for the purpose OF preventing the
distribution of Great Northern and
Northern Pacific stock to Northern
Securities stockholders in the man.
ner provided for by the stockholders
and which is favorable to Mr.. Hills
control of the Northern Pacific.
The United States circuit court
denies the application for leave to
intervene.
From this decision there is no
appeal.
The distribution of stock will be
made by the Northern Securities
company as originally planned by
Mr.. Hill and his friends.
The United States government
according to the courts decree, is
the only power which can intervene.
THE ORDER OF THE COURT.
First-The plan of the directors
of the Northern Securities company
for the distribution of the stock of
the Great Northern and Northern
Pacific railway companies is not
violative of the decree in the
Northern Securities case.
Second-No one but the United
States can successfully appeal to the
court to enjoin the execution of that
plan, on the ground that it is in
violation of the Sherman antitrust
act, and the United States expresses
satisfaction with the present decree.
Third-The stock of the two rail-
way companies is not in the custody
of the court.
Fourth-An intervention is not
necessary to enable the petitioners
to protect any pecuniary interest or
equity they have.
HARRIMAN'S REMEDY.
The circuit court in it's opinion
says that permission to intervene is
not necessary to protect the pecun-
larry interests of the petitioners.
The remedy at the hands of the
petitioners would be an action in
the New Jersey courts to replevin
the stock they own, which would
bring their contention squarely be-
fore the court for determination
of the question as to whether or not
the method of distribution adopted
by the Northern Securities company
is unfair to the petitioners.
1t will be seen by the above that
the court did not pass on the merits
of the case. The Northern Securi-
ties company under the direction of
Mr.. Hill, evolved plan to distri-
butte the stock of the different rail
roads deposited with it. The
Hartman interests fled petition
in intervention to prevent the carry
ing out of Mr.. Hill's plan. The
court denied the petition. The
petitioners have not exhausted their
legal remedies as is pointed out by
the court, but if no further action
is taken Mr.. Hill will be in undis-
d. puted control of the Northern
Pacific.