The Montgomery advertiser., 1904-04-04
PRAYS FOR A DECREE
STRUGGLE FOR CONTROL OF
 NORTHERN PACIFIC.
Attorneys Decline to Make Any Ex- tended Standardization Filed in Fight Between
 Railroad Magnates.

St. Paul, Minn., April 3A-None of the attorneys for the defendants in the suit of F. H. Hartman and Winslow Pierce and the Oregon Short Line Railroad Company. against the Northern Securi- ties Company, notice of which was serv- cd yesterday. would make any extended statement today with reference to 1t.
 It was admitted, however. that the suit was a step in the struggle for control of the Northern Pacific Railroad Company. which is being waged Between r. IT. HaT- riman and James ]. Hill. !. F. Morgan. and others. That some step was santic- ipated the attorneys admitted. but each stated that the filing of the petition on Saturday came as surprise and that he would be unable to state what course would be pursued until the principals should be consulted.
 The citation in the suit Is directed to the Northern Securities Company. the Northern Pacific Railroad Company. the Great Northern Railroad Company. Jas. J. Hill, J. P. Morgan ct als. and gives notice that on April F. Hartman. Pierce and the Oregon Short Line Railroad Company will apply to the judges of the United States Circuit Court for leave to file petition of intervention in the suit of tbe United States against the same defendants with reference to the execu- ton of the final decree of the court, which was filed April g. 1908.
 After citing transactions of the mer- ger and acts committed by parties in- terested. the petition continues:
 Your petitioners are prepared. able and willing and hereby offer to retrans- fer to the said Northern Securities Com pany. all the original certificates or stock of the Securities Company received by Hartman and Pierce, and repay the money paid them by or on behalf of the said Northern Securities Company in such sum as the court shall fix in res- toration of the statu quo in exchange for and upon the return of the common stock of the Northern Pacific Railroad Company 50 exchanged and the common stock of said Railroad Company repre- senting the preferred stock converted.
 AS your petitioners are informed and believe. and aver, such plan of distribu- ton adopted by the board of directors of the Northern Securities Company if consummated, would vest a majority of stock of both the Great Northern and the Northern Pacific Railroad Companies and the same stockholders of the Great Northern Company who originally co-op- erated in the promotion and organiZa- tion of the Northern Securities Company and who are still cooperating and act ing in concert and combination and would continue the common management and direction of said two competing rail road companies and render the decree of this court in effect and defeat or evade its true intent and purpose.
 'Wherefore. as your petitioners are without other relief in the premises your petitioners here pray that they may he granted leave to file this petition In said suit and to intervene therein for the pro lection of their rights; that the individ- ual defendants and said Northern Secu- rites Company be required to make full and true answer in the premises but not under oath. which is hereby expressly waived. and thereupon that your peti- tioners be permitted In proper time to proceed to a hearing in due form upon such note as may be directed by the court as to all the matters alleged in the above petition.
 Your petitioners further pray that 1t may be ordered and adjudRed in execu- ton of the said final decree of this court. SO affirmed by the Supreme Court of the United States. that the said Northern Securities Company return and transfer to your petitioners the common stock of the Northern Pacific Railroad Company. received from them and the common stock of said railroad company Into which the preferred sto-k of the sa has bten converter as afore- said in exchange for it's own stock and upon the payment or such sum as tbe court shall fix in the restoration of the statu quo.
 Your petitioners further pray that pending the hearing and determination of the manner in which such decree of this court shall be executed the defendant Nortern Securities Company be enjoin- ed and restrained from distributing it's present holdings Of stock of said North ern Pacific Railroad Company under the plan of distribution proposed by it or otherwise than by return. as authorized bv said decree.