The San Francisco call., 1904-04-13
The Attorney General
Causes Stir in
St. Paul.
Takes a Hand in Railroad
Suit as an Opponent
Of Plaintiffs.
Government Objects to Proposed Inter
veniOn in the Northern Securi-
ties Company Settlement.

ST. PAUL. April PA great legal
battle by corporation lawyers whose
names are familiar throughout the
United States is being waged in the
/ United States District Court before
/ Judges Sanborn, Vandeventer, Hook
I and Thayer. the action being based on
a motion presented to the court by E.
II. Hartman ct al for leave to fiie an
intervening petition for the purpose of
showing why the Northern Securities
/ Company's officials should not carry
out a plan Of distribution of the assets
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 plain
! tiffs are w. d. Guthrie, r. S. Lovett,
general counsel of the Southern Pacific
Railroad; Judge ]. NJ. Baldwin of
Omaha and Maxwell Evarts of Ohio.
The defendants are represented by
Elihu Root. former Secretary of War;
John @. Johnson of Philadelphia;
Francis Lynde Stetson, counsel for j.
p. Morgan & Co; George Young. Frank
B. Kellogg and c. A Severance; also
c. w. Bum, general counsel for the
Northern Pacific and NJ. d. Grover,
general counsel for the Great Northern.
Besides this array of talent the
United States Government was repre-
sented by District Attorney G. {.
Houpt, who presented an objection to
the Intervention under the direction of
United States Attorney General Knox.
SURPRISE FOR HARTMAN.
This Intervention was something of
a surprise TO the petitioners, who were
not aware of it until after Evarts had
opened the case for the plaintiffs, when
Judge Sanborn asked him if he was
aware that the United States Govern
ment objected to the intervening peti-
ton. The court then directed Houpt to
read the objection of Knox, which is
as follows:
Il respectfully submit to the court
that notice had been served upon me
that Edward II. Hartman, Winslow S.
Pierce and the Oregon Short Line Rail-
road Company will apply to the Judges
Of this court for leave to intervene in
this case and to proceed and to be
heard in respect of the final decree of
this court, entered on April 8, 1908, as
affirmed by the Supreme Court of the
United States, and for such other or
further or different orders or relief as
to the court may deem fit.
The United States neither admits
nor denies the allegations of the petit
tion. but objects TO the proposed inter-
vention. The case was heard by this
court on bill, answer and testimony,
and a final decree was entered enjoin-
ing 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. The
United States stands on. the decree as
affirmed and submits that the court
is only concerned to see that it is faith
fully observed by the defendants ac-
cording to its terms. p. c. KNOX,
Attorney General"
CONTENTION OF COUNSEL.
Evarts. in his statement, contended
that the Securities Company, in its
final distribution of the assets. intend
ed to take a course which would con-
tinue the common control of the North
ern Pacific and Great Northern rail-
ways to the detriment of the plaintiff
and the continued violation of the
Sherman antitrust law.
Root contended that there was no
warrant in the general rules of prac-
tice in the DEGREES of the courts or in
the statutes for this Intervention. He
said the decree of this court was lin
tied to the simple command Thou
shalt not and nothing was expected
1a,,f a ahsoI11fe obedience
The arguments of both Evarts and
Continued on Page ), Column 4.