| Show MINNESOTA FilES I DiLL Bill Of COMPLAINT 1 I In U S Supreme Court Against Northern i Securities Co States Interest Pointed if i Out Remedy Prayed nye For Injunction Washington Jan Jaim Wal Wallace lace Illco II 11 Douglass of Minnesota med flied to today today today day In lii the time United Jolted State Court the lull bill of ot complaint III In the ire ca clue case of ut the lie state of Minnesota t tire the Northern SecuritIes com coat puny defendant It U Is a ui I long lOll nt about 1001 I I words word covering cov tt sa 1 pa ot or printed nuttier matter Tire The bill first t point out the direct Interest time the tate hai hua III In III Uw th i I consolidation It 11 still owns i nears more than Ira ci three thle tim tee million ut acres Ic of oC pu bi lit i valued 1 at rear more than limn i auld and traversed In Iii print part by the time HUM hues of or tho Ire Cheat Ireat Northern ami Northern Ill I If rr the tire merger Iel is effected toads will cease C to build spurs spurn I Into lii to times tIe lands land or tir for tUI their belt bUsIness The value of ot tire the lund lands will nut not Increase Iii ita It mac has under tinder tire Iho spot of ot competition I and a the ire I will iIIi lose losen In n the he value of lt Its 1111 property The rite lands brittle will not muot bo bl opined opened for tor years anti and development will be arrested It IH Is next MI sat up rip II Unit hat tho time state niece more than Annually in hit the he operation and 1111 1 maintenance of ut it edu educational charitable and other public In Institutions that thin thIs Is In mostly by It ii direct taxation that tho time which cnn can IH be raised and allet the th successful I maintenance of oC these e Institutions for tOl forthe i the benefit h nellt of It Its citizens depend Inigo i ly Iy on time the value of the tile real rind p per leI r rK K nul within the tIne state male which winch In lit turn depend tartly largely lar ly on out free railroad competition It inns hug been tire tin settled policy of ot the tire state to III encourage rail mil I root building by II grants grant of tnt lands land and 1111 In iii tithe this way over acres acred have havel l been hean en granted nearly all of ot which June has been granted to the Great Oleat Northern mid Northern Pacific and their subsidiaries uJ The fhe alleges that thai tho rates mien on the lie Immense of wheat and tiner merchandise over oer ho tho hines of or the tha i two companies have been heen lower luau they thuey will bo Lt under any uny arrange intent ment which unity unit of or con control control RECITED The bill hili then tho tue and all 1 under which tho that Or Great Orent ut Northern operate over GW GOO 50 mills ruths of ot road arid and rites cites R the clause lause In Its charter chart r providing that hunt UK lilt affairs rice are to be ue con corn conducted ducted by hy ii a n bOlt I of or directors which Is I to do ilo mull all things and not lIot Inconsistent with the tho constitution and laws lawn of or the United States or the tho lawa laws of or thin or nr this HUH net act It Is III further alleged Unit that J 1 Hill Hili holds a interest In Itt the llio t capital stock Tire Tho history of o the lie Northern Pacific are recited attention being holing paid to tho lie menus acquired and mini built hullt withIn Iho the state Uy By B filing tilIng It Its 1111 articles of Incorporation atlon In lit Wisconsin with the Minnesota time Northern rn be he cern subject to 0 nil cli time till laws laive regula regulation louts tion provision of oC Minnesota The facts tarts an mis to the hue present personnel of ot tint th he time the Insolvency of ot time the old Iii company and Us Its ue In tn 1893 tine the PUrchase of uC tire the St Paul anti nn I Du Dun Hull lith rond In Iii 1893 1909 are recited at length It 1 Is set Ht up tip that the hue lines linen of oC these two twoHy t Hy are ere not only onh competitive be between e tWIn tween points point within Minnesota but lucy thuy the he only competitive line fines between Minnesota and nn Puget Sound and have hae so 10 o furnished for eleven eiven years year They are alt also allo with an exception tion Ion tire the th only lines lilies traversing northern A paragraph Is In devoted to the tire hue BUI lington arid nd the facts fact as tie to 0 the tire term tennis termon on fri which Its 1111 control was obtained by bytho bythe bythe the tho two system jointly Charles 13 E Perkins Perkina It its former president and pros cut curt director dl belli being a u director In iii the tine Northern company COlli The Tue certificate of Incorporation of ot the thus lat lal latter ter ci tiled filed In Now New Jersey Jelley idree November 13 loot IDOl Is la quoted In lii full tull CO Taking up the ih Northern Securities company It U Is l set sot forth that It was or III organized by bj 1 J J J T 1111 W IV P 1 h hJ J Pierpont Morgan other asso associates a 80 chutes to the tho unknown who wit at the tIne time were re continually In ron corn conference ference over means by h which the laws of ot might be hI successfully or avoided noll anti and that flint It was nR so 0 organized organIsed tl solely for tor tIme the of ef fit effecting a consolidation of the tIne Great Northern and Northern Pacific Th TIme owners of or a large lUll majority of ot time till stock of or the two syl systems ms hind had agreed before beforehand beforehand hand to 10 transfer to the rica new ne company 75 Th 5 per p r rent cent of ot the Ins stock of ot the two 1110 eye systems tem tears on terms which are an set forth tort h In till full rand ind to retire the thus preferred stock of the Northern Pacific In Iii furtherance of ot the plan Ian to Hud evade the Inc laws law of ot Mum Min Minnesota lIel olo it t was agreed that pending Urn this delhery of ot tho th lie stock lock to the Northern company It should nIt nil II he be turned o oer nier cr to 10 J 3 J HIM Hui HIlior or jr be Iw under iris his control The Northern Securities company It U It charged does doe not Intend lateral to purchase this tins stock but simply pimply to I Its It It own stock In ex ox exchange change chane For nr these unlawful the th company la Is about to tn re refit rpt fit unless enjoined all alt th ir capital stock of ot the Great Northen anI Northern P This Title It Is la claimed Is part or of n it tIan bf tf ni sad and Rn their i whereby who by tho II f two systems ars re to be consolidated and ami Placed tinder the tue of oC ono one mat aunt t or to h hoard ard of ot directors tho ho d II J I anti and thUA about antI 1 a 11 In railway I In ota and a II complot cui ern is ti t i i so II 1111 of ot lie iho two systems le nurse man f or will tItus It Is III Jp Ill nm to il It till I rates rate on 1111 or of the determine trains ba be I run r all nil competition and pro pm vent ont ven t tho lie buIlding of ot lInes unto Into rew t country r Into Ino competitive territory IN 01 OI This rInd and the flue th I hurt tion thereof IH in claimed to a bo ho In hut ic or of trade against publIc polley fluId void Under lu Its tennis th tine tho ilee c tory or of the tho vein con pany may Inny change Its Itis own rules or on muy rutty p nil all its authority to an 11 Urn lye c It II Is pointed out tInt lilli he tire president W p v Clough t vice Ice mul a E f j NIchol ho secretary of or tin this th com couri In IJan Puny W ivere fP 1111 nl ut the tue Unto ote ot or Ita w zillion t on of ot tho tire Great titan thai 11 U majority of or its lis 1 em eisa abo of ot the lie Northern Ja In I c ClUe n He It hit lIlts lets teen the firs policy 1 of the iha la ti t 1 consolidation con of ot par or limes Iho 10 hiti ns n in SH 74 In luu i such Huch Is la la III I In lii full tull na ns weli an as tire the JIll set ct ot of 1681 ont and the hue of ff arty any lu lii of at It U Is Mt set up UI P hunt th the Northern H company la Is a it rail milI I corporation iho tiro of ur Jr ho thus Minnesota laws 1111 arid and Gnat lt its design 1 Is to evade and violate lose lairs In Iii I such luch way as Cit to cause the state able injury it m Is I n t u the owner of or tiny nay other properly Wat r stock or 01 f securities and ml II I s In In no save lave Uial of ot management control CUll 1101 of lit the tius 0 Oi tut Northern Northern Pacific Already so SA It la Is al ci J J inn huh a ruu president of thus tho t Northern Securities company changed dictated find tind controlled the tho policy ot of tine the two ConstItUent roadS roada mini nna during December 1901 It it is alleged the tho ot of tine Iho Orent Northern under hia direction took charge of and rund engaged In manug lag mif a large of tine the Northern Ju Pu clue cinc H It Is alleged thai mat It Is the setti I policy of New Jersey to allow the con of only railroads as 1 v vor or can bu be connected to form i ious out ous lines and not to permit the th cons l of parallel or competing Ott The claImIng to have no ito thi i adequate remedy or relIef except nt as prayed for In hr auks asks that tire tha li i bo be In show cause why It should not be perpetually enjoined enjoin and arrul restrained INJUNCTION PRAYED FOIL TOR First l rom votIng at any meetIng of tIme tho stockholders of the Great and Northern Pacific the capital Blo k of and front from in fri arty any manner such meeting Second From aidIng advising litter with or In any way participating big ing In the management of the tho three systems Third From any airy of at Its agents or servants from acting nil ni representatIve director officer or or exorcising any control management or direction over th the same name Fourth From making any nr an or having for their object thus the control S Fifth From owning or con controllIng trollIng runny any nt of tine the stock of either com company pany the defendant company being re me required to reassign or all nih ock to tine the person wrom whom It was received taking In un return Its own stock Block Issued In rind and meantime to be lie enjoIned l In mull all respects In itt relation to said Bald stock us hereinbefore prayed for receiving arty any rulers more stock clock of tire tho two companies In Itt case Cairo It shall that tire the defendant company hue has not yet a controlling Interest In iii either Seventh Tho prays slon elan to amend the complaint If It Bar nary and bring In other for the tha purpose of giving force anti effect tu to any decree of the court and asks tin time court to Issue a subpoena against tha defendant company and nil set sat a day duy for time tho hearing Besides Douglass M D Munn of St Paul and George P Wilson of Minneapolis are aro named as counsel IN COURT Tire The proceedings In tIre the court wets very brief Douglass wai recognized re OB na soon as the court was convened and ho then moved for leave lo to file and present a bill of complaint on tho ire part of tine State of Minnesota against the Northern com coin company pany Iny Chief Justice Fuller asked If notice had ban ben been given to tire the SecurIties antI and being Informed In the negative said patti timer there wan waa no rule requiring ing such notice He lie added We will take tako the papers paper Mr Douglas handed In his bill of complaint arid and also allO a brief citing ou au The and his hla assistant counsel Mr G 0 P Mann Munn and Mr G U P Wilson then thea retired Tine court took the motion under advise as usual In such cases and will alva Us Its decision In due course of time line |
