Show RAILROADS MAY PAY DIVIDENDS U S Circuit Judge Sanborn Hands Down Decision D Granting Petition Petton of Northern Norther Securities Co Permitting Great North Northern Norther ern er and N Pacific to Pay it the Regular May Dividend St SI Paul Minn April O noon today toa Circuit Court Judge handed down the decision granting the request of ot the tha attorneys for the Northern company to tobe be he permitted to pay Great Northern Northern dividends to the Northern Securities The defendants In this cne cr have he the tho right under un er the net of Congress to ap appeal al peal from tho decree of the tho circuit pl ter court to the supreme court They heY have claimed that right Ordinarily those thol who ho have ha e tho right to review a Judg Judgment ment or decree of o the circuit court also hae the tight right upon Un giving a I proper bond Imd to supersede the effect of the judgment or decree ller luring during the Iho tend tendency ency of th appeal Hut lut where hert an I In Inthe Inthe the rase cas at It bar the decree dee awards an Injunction the ordinary the my tn Injunction proceedings but not To enable the thE courts to prevent prent un lot or Injury to the parties to 10 litigation In urh ca cal the he supreme court provided by h rule 93 that when an appeal Is allowed from trl a final decree dere granting nung an Rn Injunction a judge who took tool In the decision delton may mn make an RI order the Injunction during the of the appeal upon such terms tera us t to bond lond or otherwise as he II may mar consider proper for tor the tho security of o the opposite party orty It I Is IR th practise for the courts to this l ow r whenever their action will 11 not Injuriously affect the rights of ot the parly paU who has hu secured leUr the Injunction In this case that party Is II the United States State The main purpose effect of ot the decree are ne to prevent the Northern Securities company from controlling operating the Or Gret wit Northern Norther and Northern Norther Pacific railroads and all to ac accompli RI Mi this end com company rm pany 11 from exercising any nn control over their operation and alil from acquiring or voting any an of the thE stock of ot tho Ile mil road companies and It also the rail railroad rai road from paying the North orth Northern ern Securities company cm p n Any dividends on their tok ThIl Is not an on application tion ton to suspend this injunction The ask only that the part of o othe the Injunction which forbids the 11 my ment of the dividends te during the tM of the appeal These hH dividends divIdend do 10 not belong and cannot an nt In nn event be I ll to the United State StAt It I doe do not claim t to have and ani U I h hAi 8 not nt any a pecuniary In Interest terest In them Its It In 11 prosecuting ing this suit and Its ls interest In this In Injunction junction are aN only II thereby therl to enforce tho th law II against Illegal 1 1 combinations In re restraint r of o trade and to prevent the Northern company from con controlling rn trolling oc or Interfering with wih the Ih rom 1 II rail rai mail This Interest it I will wi be Iw d dl l 11 i protected by b that portion of or the In junction which forbids the management mAnn ement or control of or these railroads by uy the Northern Securities company and for forbids bids bl s It I from voting or acquiring any uny stock of companies This portion of ot the I injunction Indeed Indell wel I J art of the I and this Injunction l 1 lIn continue In force dur during In tn force and will wi lur lurIn ing In the tho thin appeal In any ni i vent During this time the United 1 States ban will wil have hao under thin thle portion porton of the decree ett which will not Iw I molle or suspended a R complete rem remedy edy for any v loin t Ion of o the Sherman antitrust act should It Il occur both hoth by proceedings for contempt un or this In Injunction junction ami ow hy y proceedings under the clause of or the Sherman 1 oct It Is not perceived how hw the payment or the retention of them the dividends dur during ing In the elry of ot this appeal ran un In Injuriously affect right of the th ed I In II this litigation and nd the only question here la ts whether these thel dl shall be plied pled up In the treasuries ft f the Ibe railway companies or paid 1111 to the th stock stockholders holders holder to whom they the belong Ill which must laust ultimately rIlle e them whichever the final decision m in Ihl caw lal may lie he These dividends III will wil ultimate Iy y go to the stockholder of th North Northern Northern ern Securities company whether paid pid as II they thoy are Ir earned or II n the final Onal If I tho i arc Iro Irol permitted l to pay IIa their 11 to tin securities company that company Il 1 will wi pay pa them over to Its I The decree i the stockholders of the company to I etching their tile the Ilk nf of the railroad com for which It I Is II Issued If IC the tho court Crt affirms larm this decree the r the th Northern Securities company can n exchange their stock tk for forthe forte the te stock Block nf ot the railroad and ant ran can drw the th dividend upon the lat latter ter tr If I the tho supreme court the decree the Mine Mine parties can cn drew these dividends by the railroad companies while the thu API I I I I l Ii tiding will wi n t enhance or sp ed the enforcement of any lecal of the tl United Unie States Stal while It might inflict Inlet l loss IMI and ami Injury up n the stockholders ho arc lre justly Just entitled un I I to 10 receive those thol dh as lS w Mn on as u they ar Ar earned The order of t lh he court curt will 1 accord accordingly bo he that the operation of that i r lon of or the decree which enjoins the railway companies from paying the dividends s n their Block Blok which is I held by li the U Northern company shall be b suspended during the i of the appeal upon ullon tho nf o ap IP approved proved froYd botu In the mm lum of t by or orIn orIn In behalf of the defendants In tho Ihl sum Rum of 50 conditioned to 1111 app p al 1 with effect and ull will 1 pay fi all 11 damages tam l which result to the th Unit d l Staton by Iw reason of a this order that portion Irton of or lie Ibe contained In Inthe the final nl r herein hp n forbids the Northern Pacific t romp n and an tho th Northern from p living dividends to th Ihl North Nor T g Ut t company compan on account of ot ito tok k In either I of ot the railway which the se securities I II I company claims to owe and ant hold hult Is II suspended during the of or the appeal allowed li herl re In this day Ilay All Al other portions of tho decree le re and of o othe the Injunction it remains In force and are al by b this order The he appeal has hll bean l ll perfected and the bond bOi will be nt nl once ome Tha appeal In this case cut will wi probably be determined by hy th supreme court about I |