The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-04-20

that one purpose of the Intervention is to
have that clause of the decree which is
now merely permlSSIve made mandatory
But this would be to modify the provi-
S1onS of decree which has become final
by affirmance, and make an order which
we expressly and on full consideration
declined to make when the decree was
entered. This we must decline to do.
The application for leave to intervene
contains the further suggestion, made on
information and belief only, that the pro-
posed plan of. diSpOSing of the stock of
the Northern Pacific and Great Northern
Railway companies would result in leav-
ing the control of the two railroads in
the hands of persons who co-operated in
forming the Securities company, and that
the petitioners should be permitted to in
tervene and obtain further order to pre-
vent such result. The Securities com
pany meets this suggestion by the presen-
tat1On of aff1daVitS and excerpts from it's
records which tend to show that the pro-
posed plan of distribution will not have
the effect last mentioned but will lead
to very wide distribution of the stock,
while the scheme which the petitioners
have in view. if contaminated by an in
Prevention. will have the effect of placing
the control of the Northern Pacific Rail
way company in the hands of the owner
Of parallel and competing road, to wit
the Union Pacific Railway company. But
the issues suggested by these affldavits
and excerpts are disputed and debatable
questions Of fact which the parties would
be entitled to litigate and with witnesses
and evidence after leave to intervene had
been granted, and we decline to con-
slider them or the affldavits and excerpts
which present them upon this motion. We
consider and determine this application
upon the petition for leave to intervene
alone.
United States the Complainant.
The United States is the complainant in
this case. 1t is the conservatOr Of the
public welfare and has right to speak
for the public. According to we'll estab-
lished rules the petitioners cannot in
tTude into this litigation merely to protect
the public interest or as amici curiea so
long as the government is present by its
prevail of such intrusion. This would be
wrestling from the government that con-
troll over the litigation, so far as the pub
lie is concerned, which it has a right to
exercise. The petitioners can intervene
only for the protection Of their own in
dividual interests and for that purpose
only in the event that they can obtain
adequate protection in no other way.
The United States speaking by it's at
toTney general. says that it neither adj
mits nor denies the allegations of the
petition, but objects to the proposed in
tervention. This case was heard before
this court On bill. answer and testimony
and a final decree was entered enjOining
the defendants as therein recited. Upon
appeal by 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 faithfully observed by the defendants
according to its terms
In view of this declaration on the part
of the United States it is to be presumed
that the government is disposed to permit
the stockholders of the Securities com
pany to formulate some plan for the equit
able distribution of the stock of the two
railway companies. if they can do so,
which will not be in violation of the law,
feeling confident of its ability to dissolve
any future combination in restraint of
interstate commerce should one in fact
result from any scheme that may be de-
vised for the disposition Of the stock Of
the two companies and preferring to
challenge the validity of any such combi-
nation by an Independent bill rather than
by any future proceedings in this case.
1t was further commended in argument
that the stock of the Northern Pacific and
Great Northern railway companies now
standing in the name of the Securities
company, was placed In custodia legis by
the filing of the government bill in this
case, that it has never been released from
such custody, although final decree has
been entered, and that on this ground
the petitioners who assert right to have
particular shares of the Northern Pacific
Railway company returned to them, are
entitled IN intervene