The daily morning journal and courier., 1904-04-13
GOVERNMENT ACTS IN
 RAILROAD LITIGATION
SPRINGS SURPRISE ON ATToR-
 NEYS FOR HARRIMAN.

Objection blade to ihe Petition to Pre-.
 vent the Proposed Distribution Oi
 Stock by the Northern securities Conn
 pany-Great Legal Battle Between Foremost of Corporation Lawyers is Promised.
 St. Paul, April 12.-A great legal bat tie between corporation lawyers whose names are familiar from one side of the United States to the other began here to-day in the United States dis trict court before Judges Sanborn. | Vandeyanter, Hook and Thayer in an action based on a motion presented to 1 the court by D. H. Hartman ct al. for f leave to file an intervening petition for the purpose of showing why the North ern Securities company officials should not carry out a plan of distribution of the assets of the Northern Securities company in a manner alleged to be in- imical to the interests of Hartman and Pierce.
 The attorneys representing the plain tiffs are w. D. Guthrie, R. s. Lovett, general counsel of the Southern Pacific railroad; Judge J. M. Baldwin, of Omaha, and Maxwell Evarts, of Ohio. The defendants are represented by Elihu Root, former secretary of war; John c. Johnson, of Philadelphia: Francis Lynde Stetson, counsel for J. 1 P. Morgan 6 Co; George B. Young, Frank B. Kellogg and c. A. Severance; also c. D. Dunn, general counsel for the Northern Pacific railroad and F. D. Grover, general counsel for the Great Northern railroad.
 The United States government is rep resented by District Attorney c. C.. Houpt. who to-day presented an objec- ton to the intervention under the direc- ] ton of United States Attorney General Knox.
 This intervention was something of a surprise to the petitioners, who were not aware of it until after MT. Evarts had opened the case for the plaintiffs and Judge Sanborn asked him if he was aware that the United States govern ment objected to the intervening peti- ton. The court then directed MT. Houpt to read the objection of MT. Knox, (which declared:
 .The United States neither admits nor denies the allegations of the petition, but objects to the proposed interven- Etion.
 This case was heard by this court lon bill, answer and testimony, and q l final decree was entered enjoining the defendants as therein recited
 Upon appeal by the defendants to
 the supreme court of the United States the decree of this court was affirmed { in every particular the effect of which was to end and close the case. l The United States stands on the de- cree as affirmed, and submits that the
 court is only concerned to see that it is faithfully observed by the defendants aceording to it's terms,
 MT, Evarts in his statement contend i ed that the Securities company, in it's final distribution of the assets, intended Ito take a course which would continue lthe common control of the Northern ] Pacific and Great Northern railroads, ! to the detriment of the plaintiffs, and l in continued violation of the Sherman anti-trust law.
 MT. Root contended that there was no i warrant. in the general rules of prac-
 tice, in the decree of the courts nor in
 the statutes for this intervention. He said the decree of this court was limit led to the simple command thou shalt not" and nothing was expected but absolute obedience.
 The arguments of both MT. Evarts and MT. Root occupied less than an hour, but every word was followed with the closest attention of the throng of attorneys and spectators Who crowded 1 the court room and galleries.