The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-04-04
Is Step in Struggle for Con-
troll Of the Northern Pa
cifc Railway Co
A LENGTHY PETITION IS
FILED BY THE PLAINTIFF
Alleges That Securities Company VIII
be Able to circumvent Decision
of United States Supreme
Court Unless Restrained.

st. Paul, April 3.-None of the attorneys
for the defendants In the suit of E. H
Hartman and Winslow Pierce and the
Oregon Short Line Railroad company
against the Northern Securities company.
notice of which was served yesterday.
would make any extended statement to.
day with reference to 1t. 1t was admitted,
however, that the suit was a step In
the struggle for control of the Northern
Pacific Railroad company, which is being
waged between r. II. Hartman and all
lied interests, and James J. Hill, j. p.
Morgan and others. That some step was
anticipated, the attorneys admitted, bub
each stated that the filing of the petition
on Saturday came as a surprise, and that
he would be unable to state what course
would be pursued until the principals had
been consulted.
| The citation In the suit Is directed to
| the Northern Securities company, tho
Northern Pacific Railroad company, the
Great Northern Railroad company. James
j. Hill, j. p. Morgan and others. and
gives notice that on April IL. Hartman,
Pierce and the Oregon Short Line Rail-
road company will apply 10 the judges of
the United States circuit court for leave
to file petition of Intervention in the
suit of the United States against the same
defendants with reference to tse execu-
tion OF the final decree Of the court, which
was filed April 0, 1905.
The text OF the petition is as follows:
The l'etition.
Your petitioners, Hartman and Pierce,
are now, and ever since November 49, 1901.
Rave been the registered owners and hold
ers of $S2, ,491 ,S71, par value, of the capital
stock of the defendant Northern Securi-
| ties company, and such holding of stock
by them is and was as trustees for the use
and benefit of your petitioner, the Oregon
Short Line Railroad company, which com.
pany was and still is the beneficial owne-
| thereof
Your petitioner oregon Short Linz
Railroad company, by indenture date Jul
II, 1902 pledged sS2, 49i, 600, par value,
said stock with the Equitable Trust CO
pany of New York as trustee for an
sue of bonds of said petitioner, of
SS2, ,491, 900, face value, have been cert
and issued but under the terms of
trust indenture, the stock as pledged
standing in the name Of petitioners.
rman and Pierce. is available to you
titioners for the purpose of tender, RI
and restoration of the status quo.
Immediately upon the rendition OF
decision by the supreme court O. q
United States affirming the decree OF
this court ldissolying the securities CONS
pany) the Individual defendants above
named and the Northern Securities CONS
pany determined without waiting for tho
issue of the mandate of the supreme
court, and without any order OF this
court In execution of all Its DEGREES, to
distribute and divide the stock of tho
Great Northern and Northern Pacific
railroads held pro rata among the
stockholders of the Northern Securities
company, according to their holdings %
its stock, was not to return and transfer
to the stockholders of the Northern Pa
ciec railroad and the Great Northern
railroad company. respectively, any and
all shares of stock in either of these rails
road companies which the Northern So
curitles company originally received
from such stockholders in exchange for
It's own stock, nor to transfer and as
sign the stock In either of the railroad
companies to any such person or persona
as may now be the holders and owners
of its own stock. originally issued in ex-
change or in payment for such stock Of
railroad companies, respectively
Doubts Regarding Plan.
Upon being informed of such purpose
and intention to distribute the stock OF
the Northern Pacific and Great Northern
railroad companies pro rata among tho
stockholders of the Northern Securities
company, your petitioners submitted tina
matter to counsel and were advised that
there were serious doubts as to the legal
ity OF the proposed plan. The fact that
they had been so advised. was promptly
communicated by your petitioners to the
Northern Securities company with tha
request that the meeting Of the board OF
directors of said company, which has
been called for March p, 1904. be adj
journed for a few days, 50 as to afford an
opportunity for further consideration by
your petitioners and their counsel. but
such request for adjournment was not
granted. and at such meeting held in the
city of New York on said cate, notwith-
standing said request for an adjourn-
ment was submitted. the following pre-
ambles and resolutions were adopted.
your Petitioner Hartman being present
as a director Of said Northern Securities
company but declining to vote. viz
whereas, In the course of its business
this company has acquired and now holds
|. So, ,594 shares In the capital stock OF the
Northern Pacific Railroad company and
1,1s22f2 shares In the capital stock o9
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