New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-13
SURPRISE FOR HARTMAN.
KNOX OPPOSES SUIT.
He Wants Merger Decree Carried
Out-1rgumentS at st. Paul.

OUt-1rgumentS at St. Paul.
ST Paul April 12.-Attor1ey General Knox
surprised the Hartman Interests to-day when
he opposed their application Cor leave 10 inter
vene IN the settlement Of the Northern SecurI-
ties Company's affairs. recently ordered by the
United States Supreme Court. the manner Of
settlement being left the United States CIRCUIT
Court here. The occasion was the hearing Of
the motion OF Z. II. Hartman and Winslow s.
Pierce Tor leave 10 file an intervening petition
IN the case ". S. Guthrie. OF the Hartman
counsel had opened the proceedings by formally
presenting the records Of the Supreme Court
hearing. with its decree. and asking leave TO
file the petition and Maxwell Evarts had made
tre opening argument for the Hartman side.
~her Judge Sanborn asked Mr.. Evarts II he
we're aware that the United States government
objected to the intervening petition. Mr.. Evarts
said that he was not. The court then directed
Mr. Houpt United States District Attorney. to
read the objection Of Mr.. Knox which is
follows:
mas been served upon me that Edward Il Harri-
man Ninsow . Pierce ana the oregon Shoft I-,ie
court for leave 10 intervene in this cause and TO
q thls court entered on April . 1903 as affirmed by
s ne sS5eTe csTt Of the sasd s TT Of Snq 1ee @
es 70 The eoYrt may seem ut - a..
Hilegatons OF the petition, but objects to the pro-
Tis case was heaes by this court on bill answer
Pc testro';y % ss,d a fnal decree was entered en-
fo,inlng the o5Hensants as Iherein TeeiIeo- , e
Court Of the United States the decree of this court
~ssoh WAS 70 END and and close Sc the case
Tho United States stands on the decree as al
Frmed. and submits that the court is only con-
nerned 20 see that Il is faithfully observed by the
oefendants according TO its terms.
Just before court adjourned, when arguments
Tor to-day were finished. J. Hamilton Lewis
eppeared and stated that he represented the
Continental Trust Company. OF New-Jersey, and
asked TO be heard as an objector to the petition.
The court allowed him fifteen minutes. He said
that his client was the owner Of five thousand
shares OF the stock OF the Northern Securities
Company. and objected 10 the petition being
granted because the court had no jurisdiction.
When court opened there were present TO rep
resent the Hartman side ". y. Guthrie, r. :.
LOvett and Maxwell Evarts. OF counsel for the
Southern Pacific. and Judge J. r. Baldwin OF
Omaha. The Northern Securities Company was
represented by Elihu Root eN-Secretary Of War;
John C. johnson, OF Philadelphia: Francis
I.ynde Stetson. counsel for J. p. Morgan & Co:
George B. Young, Frank b. Kellogg, c. \. Sew
erance c. ". Bum, general counsel for the
Northern Pacific Railway Company. and N. D.
Grover general counsel for the Great North
Railway Company. The United States was
represented by District Attorney c. c. Houpte
The judges were Sanborn. Tandeventer. Hook
and Thayer
Mr. Evarts. in urging that the petition be
granted, said that Hartman and Pierce. as trus-
tees q the Oregon Short Line, had deposited
certaiu shares Of Northern Pacific stock with
the Northern Securities Company, and that
under the plan Of distribution proposed by the
HiH-Morgan interests the Hartman Pierce peo-
cihc stock certain shares Of Great Northern and
Northern Pacific stock But the difference. he
Esid. between what the Hartman interests put
IN the Northern Securities Company and what
The Northern Securities wished 20 return 20
them would be more than SlOO0000 a year in
Interest alone. He COntended that the securities
company I'm its Hnal distribution Of the assets
Intended 10 take a course which would continue
The common control OF the Northern Pacific and
Great Northern railroads TO the detriment Of
tne plaintiffs. and in continued violation Of the
Sherman Antitrust law.
Mr.. Root. FOR thu Northern Securities Com
rsny. followed Mr.. Evarts. lie said in part:
,he counsel for the Oregon Short Lime Company.
vsnor ~rl;S sal; t, ,g'ts ~ 90 ~ I IsTIon f a. - .l-
seeking FOR the execution Of your honors' decree.
s1SSlns been represented as party opposing the
may secure execution OF The decree notwlthstand-
s.g The complainant secs no occasion for the
pg.sd "a '0O' '-'s ''"sS p'o-
The defencants in the cause oppose the applica-
Non Tor leave fc. They say the plaintiffs are
ao parties 20 the cause They say there is no
warrant in law or decision of any court for this
satefFenton. II is not necessary IN order 10 get
&c execution o. this decree that further order
ssue directing the return 10 The oregon Short Line
VI stock OF the Northern Pacific Railway.
Mr. Root then discussed the decree ordered by
tnis court. and cCntinued,
,,EEhat is the exeo, Of a decree which is linn
.ha n a Thou shalt nOt@' What be the exc
.ilion of such a decree OF obedience2 So long as
tlt defendants refrai1 from doing What your
ssonors have ordered them 20 do. what further
- mere 30 do? Five things which your honors say
siol not be Done stand on the decree as all that
80 necessary n do You were however. not
..lsht as 10 the Attorney Generals prayer about
-, return or this stock You said in effect: We
49, provide for the prevention of the violation Of
- law But you carefully refrained from inter-
rllns with the other affairs OF this company.
10y come IN now and ask you TO amend your
hartman director OF the Northern Securi-
49, company. lie appeared such IN 1901, when
-ces of Incorporation were fled in New-Jersey
az remained 50 10 the END. That company, under