The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-04
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The decision Of the Circuit Court Of Appeals
will not. 1t was learned Yesterday dispose
OF the Northern Securities case. ina~lnuth
AZ II II altogether probable that the Harm
man interests will. a. soon as they can So
cure complete copies of the decision. take
an appeal from It e. the United States
Supreme Court. Whether such al appeal
will be received by the Supreme Court can
not, of course, be known al this time. but
the Hartman attorneys are expected With
IN a few days to apply for writ OF super
sedea7 and thus practically secure tenn
porary stay Of any distribution pi the
Northern Securities asSef- under The Hil
plan until application Tor writ of Ger
tiorari czln lie made Ia the supreme Court
+ II. Hartman said yesterday;
The matter has now been before four
Judges and 80 far il j. an even division,
two Judges having been for IL and two
against us
This statement Of Mr. Hai1imun's refers
20 the fact that Judge Bradford granted the
injunction applied for and that Judge Cray
Yesterday wroi" a dissenting opinion. the
other two Judges Acheson and ia Has,
favoring the H4l side Of the case j l. ON
the strength OF thi- division that the Harm
man Interests hope 10 have the supreme
Court accept an appeal.
1t l. the prsctice Of the Philadelphia
court not To- hr 80 mandates f.r thirty
day.. aud the practice viii presumably be
followed in the present case unless the
Hin interests make a special application
that the Mandate 10 the Circuit Court of
the District of New Jersey which granted
tho INJUNCTION now dissolved he expedited.
II Is not believed that they viii.
Mr. Hill said yesterday that he Wis more
pleased by the decision than surprised
since hn had expected at al tine~ that
the court would .oal IN" proposed method
Of distributing the Northern Securities
assets ~ perfectly equitable,
y. 4 ~.
stock or any Of the other stock was turned
over To- uS i'm trust WIS absurd from the
beginning added Mr. Hii. as II Nas well
known that the stocks were purchased
outright 10y The Northern Securities Com
psny People " hu bought Northern Srcuri-
tie- stock did eo with the underestimate
that they were investing M all the prop
critics OF tho company including Great
Northern, Northern Pacific Burlington
and the other asset and they were justified
in the belief that hey were ON the same
footing with av"rv other -tockhulder.
MIR Hin said that there would be no haste
IA distributing the assets under the plan
and mo- attempt to settle the matter out
side of the courts. He seemed 10 doubt il
the United States Supreme Court would
allow an appeal owing TO the cieamess with
which the present decision sets forth that the
Northern Pacific stock was purchased by
the Northern Securities Company outright
and not taken M trust
Under the proposed plan Of distribution
il was provided that the holder of every 100
shares of Northern Securities stock should
retain ON" share and receive tMrtV-eight
shares of Northern Pacific and SsG73 IN
scrip and twcnty-ulne shares % Great
Northern and sse 81 in scrip The Harri-
man contention was that u should receive
back the Northern Pacific stock which il
turned into tine company, wiiChii cont aution
d. sustained iuttitt Betu that the control
81 the Northern Pacific would rest with the