The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-04-13
RAILWAY IS THE STAKE,
GREAT BATTLE BETWEEN
CORPORATION LAWYERS
Hartman and Pierce Striving to
Gain Control of the North
ern Pacific.
ARGUMENTS IN COURT
Elihu Root in Behalf of ]. J. Hill
Intervening Petition by
the United States.

ST. PAUL Mimi. April 2-What Is
perhaps. one of the greatest legal patties py
corporation lawyers whose names are IA
miliar from one side of the United states
to the other, who represent two or the
wealthiest sets of corporate interests in the
United States, is being waged In the United
States District Court here before Judges
Sanborn, Vandevanter, Hook and Thayer
This action is based on a motion present.
ed TO the court by 4. III. Hartman ct al,
for leave to file an intervening petition for
the purpose of showing why the Northern
Securities Companys officials should not
carry out plan of distribution of the as
sets of the recently declared illegal North
ern Securities Company in a manner alleged
to be inimical to the interests of Hartman
and Pierce
The attorneys representing the plaintiffs
were w. ID. Guthrie, r. S. Lovett, general
counsel of the Southern Pacific Railroad;
Judge J. NJ. Baldwin, of Omaha, and Max
we'll E,varts, of Ohio
The defendants are represented by Elihu
Root, former secretary of war; John @.
Johnson, of Philadelphia; Francis Lynde
Stetson, counsel for j. +. Morgan & Co.;
George b. Young, Frank b. Kellogg and
c. A. Severance, also G. w. Bum, general
counsel for the Northern Pacific, and NJ.
ID. Grover, general counsel for the Great
Northern.
GOVERNMENT OBJECTS.
Besides this array of talent the United
States government was represented by Dis
trict Attorney c. c. Houpt, who presented
an objection to the Intervention under the
direction of United States Attorney Gen.
eral Knox. This Intervention was some
thing of surprise to the petitioners, who
were not aware of ii until after Mr.. Evarts
| had opened the case for the plaintiffs.
| when Judge Sanborn asked him if he was
aware that the United States government
| objected TO the intervening petition The
objection of Mr.. Knox, which follows:
Il respectfully submit TO the court that
notice has been served on me that Edward
] Ii. Hartman, Winslow S. Pierce and the
! Oregon Short-line Railroad Company viii
| apply to the judges of this court for leave
to intervene in this cause and TO proceed
| and be heard in respect of the final decree
/ of this court, entered on April 8. 1903, as
! affirmed by the Supreme Court of the
| United States, and for such other or further
or different order or relief as to the court
may seem fit"
The UNITED States neither admits nor
| denies the allegations of the petition, but
objects to the proposed Intervention. This
| case was heard by this court on bill,
| answer and testimony and final decree
| was entered, enJoining the defendants as
therein reeited: Upon appeal by the de-
| PENDANTS 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.
The United States stands on the decree
| as affirmed, and submits that the court is
only concerned to see that it is faithfully
observed by the defendants according to
its terms.
THE ARGUMENTS.
Mr.. Evarts, in his statement, commended
that the securities company in it's final
distribution of the assets intended to take
course which would continue the common
control of the Northern Pacific and Great
Northern railroads to the detriment OF
the plaintiff, and in continued violation OF
the Sherman antitrust law.
Mr. Root contended that there was nc
warrant in the general rules OF practice, in
the DEGREES of the court nor in the statutes
for this Intervention. He said the decree
of this court was limited to the simple
command, Thou shalt not" and nothing
was expected but absolute obedience 81
cannot be violation of decree to return
stock which the decree made unlawful tt
hold" said Mr.. Root. THE proposed &C
ton OF the corporation is in accordanc,
with that equality which is equality. You
are asked to return to the Northern Pa
cific SS,OO0,OOO of that stock, which is
. large majority of the stock of that com
pany. You are asked to put into tn,
, hands of the Union Pacific and the Oregon
Short-line the absolute control of tn,
Northern Pacific, competing and parable
|, line. You will see the whole of tn
> Northern Securities scheme was formed TO
, the purpose of preventing the Union Pa
cihc from getting control"
, The arguments of both Mr.. Evarts an,
Mr.. Root occupied less than an hours time
but every word was followed with tn
closest attention of the throng of attorney
and spectators, who crowded the court
room, the galleries, and who sat even oil
2 ! tables and the steps leading to the tribunal
} Mr.. Roots argument finished jus
5 | before noon, and when the court resume
D at o'clock Judge Lovett delivered hi
argument on behalf of the petitioners. III
4 began with the contention that If tn
Y Northern Securities Company had been tn
legal owner of the stock of the Norther
: Pacific and the Great Northern companie
;, | 1t would have been entitled to the fruits O
: that ownership and the attorney genera
i would not have obtained the relief h
sought in the original suit. The plan pro
S posed by the company perpetuated tn
I common control of the two roads and wa:
u therefore. according to the petitioners cor
tention, illegal.
[ When Mr. Lovett concluded. former Cor
y gresham j. Hamilton Lewis, of Chicag,
e appeared and stated that he represente
the Continental Trust Company of Ne,
Jersey and asked TO be heard as an OF
jector TO the petition. The court alowe
him fifteen minutes. He said his client wa
: the owner of 5000 shares of the stock
: the Northern Securities Company and oil
jected to the petition being granted b,
cause the court had no Jurisdiction.
The court adjourned the case until
= o'clock tomorrow morning, when one HOT
e and fifteen minutes will be allowed Il
o. further argument.
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