Daily Kennebec journal., 1904-04-13

Mr. Evarts replied that they con-
tended it was unfair
former Secretary of War Root Their
peSah his argument to the court il,
penalf or defendants. He said in part:
The counsel for the Oregon Sbor,
Line Co. which is asking leave tn file
petition as intervenor, has put him.
self on the ground of a person seeking
TOT the execution of your honor's de-
cree. having been represented as a
party opposing tn decree. He now asks
ieave to intervene that he may secure
execution of the decree. notwithstand-
ing the complainant sees no occasion
Tor the revocation Of your action along
the lines proposed.
The defendants in the case oppose
the application for leave to file. They
say there is 10 warrant in law or de-
cision of any court for this interven-
tion. 1t is necessary in order TO get
due execution of this decree that n
further order be issued directing the
return of Oregon Short Line or stock
of the Northern Pacific Railway"
Mr.. Root then discussed the decree or
What is the execution of decree
which is limited to a thou shalt not ?
What can be the execution of such de-
cree of obedience? So long as the de-
PENDANTS refrain from doing what your
honors have ordered them not to do. what
further is there to do?
Five things which your honors say
shall not be done" continued Mr.. Rott.
"stand on the decree as all that was
necessary to do. You were. however, not
silent as to the attorney generals prayer
about the return of this stock. You said
in effect we will provide for the preveu-
ton of the violation OF this law but you
carefully rcfraincd from interfering with
the other affairs of this company. They
come III and ask you to amend your de-
cree. Hartman was a director of the
Northern Securities Co. lie appeared as
such in 1917. when articles of incorpora-
tion were filed in New Jersey. lie re-
mained 50 to the end. That company.
under the decision of the board of which
he was member. opposed the very thing
he is praying for now. lie asks for a de-
cree which he before opposed. lie wants
it modified and reversed.
1T cannot be violation of a decree
to return stock which the decree MADE
unla wful to hold.
Tho proposed action Of tho corporation
is in accordance with that equality which
is equity. You are asked to return to the
petitioners 1S.G10.MO of that stock, which
is a large majority of the stock of that
company. You ar" asked to put into The
hands of the Union Pacific and the Ore
Eon Shrot Line the absolute control Of
tho Northern Pacific. competing and
parallel line. You will see the whole of
the Northern Securities scheme was form
cd for the purpose of preventing the
Union Pacific from getting control.
This action involves the introduction
Of new issues and individuals foreign to
the decree. They are not here as a class
but representing individual claims.
II say that a party who attempts to
break into litigation from the outs.d
"ommcnds himself not at all. They came
in here ut the last moment. after par
tcpating in all the acts Of the Northern
Securities Co. after seeing millions of
shares sold to thousands of people. and at
the last moment ask for special privileges
saying ii makes a difference To them of n
fnlii!on Il year III interest. GU are ASKED
to give preference TO one who WAS a
participation in it's original ileSaiity at
the expense of those wholly Innocent
Mr. Roots argument was finished Just
before noon and when the court resumed
at ; o'clock. Judge I.ovctt began his ar
gument on behalf of the petitioners. who
he said were not asking the court to
wind up the affairs nor dissolve tn" Sccu-
rites company. They Were asking it to
dispose of the stock in what they con .
tended was tn" onlE way consistent with
the decree of tho court. The plan pro-
posed by the company would pcrpetuate
the common control of the two roads and
was. therefore. according to tn" pctiUn-
crS' contention illegal.
The court adjourned the case until 10
% clock, tomorrow morning.