fit".
V
V
-rv-T4"T-',T
10
The Commoner.
Vol. 2, No. 9,.
The Northern Securities Test;
(Continued from Pago Eight.)
common rights, and In violation of tlio
act of congress of July 2. 1890, on
tltlod, "An act to protect trade and
commorco against unlawful restraints
and monopolies."
IX.
If tho dofondant, the Northern Se
curities company, has not acquired a
largo majority of tho capital stock of
tho dofondant, - tho Great Northern
Hallway company, It Is hocauso tho In
dividual dofondants named, and their"
associates in tho combination or con
spiracy charged in this potltion, or
somo of thorn, slnco it becamo appar-
ont that tho legality of their corporato
dovico for tho merger of tho stock
of compotlng railway companies,
through tho instrumentality of a cen
tral or holding corporation, would bo
assailed In tho courts, havo purposely
'withhold, or caused to bo withheld, a
largo amount of tho capital stock of
said railway company from transfer
for tho stock of tho Northern Securi
ties company, and havo purposely dis
couragod and prevented the transfer
and exchange of such stock for tho
stock of tho Northern Securities com
pany, all for the purpose of concealing
tho real scopo and object of tho un
lawful combination or conspiracy
aforesaid, and of deceiving and mis
leading tho state and fcdoral authori
ties, and of furnishing a ground for
tho dofonso that tho Northern Securi
ties company does not hold a clear
majority of the stock of tho Great
Northern Railway company.
Tho complainant avers that such
stock, so withheld or not transferred
to tho Northern Securities company,
ia now In the hands of somo person or
jnorsons unknown to tho complainant
ftiondly to and under tho influence of
tho Individual defendants named and
their associates aforesaid, or somo of
them, and will cither not be voted, or
be voted in harmony with tho Great
Northern stock held by tho Northern
Securities company, until tho ques
tion of tho legality of this corporato
device for morging compotlng railway
lines shall bo Anally and judicially de
termined, when such stock will either
be turned over to the Northern Secur
ities company or continue to be held
and voted outsido said company, but
in harmony with the Great Northern
stock hold and voted by it, as may
at the time seen advisable.
X.
(subject, it may bo, to tho conditions
stated in tho next preceding para
graph) is about to and will, unless re
strained by tho order of this court, re
ceive and acquire, and hereafter hold
and control as owner and proprietor,
substantially all of the capital stock
of the defendant railway companies,
issuing in lieu thereof its own capital
stock to the full extent of the author
ized issue, of which, upon the basis
of exchange aforesaid, the former
stockholder of the Great Northern
Railway company havo received or
will receive and hold about 55 per
cont thereof, the balance going to
the former stockholders of the North
ern Pacific Railway company.
.XI.
No consideration whatever has ex
isted, or will exist, for tho transfer as
aforesaid of tho stock of tho defendant
railway companies from their stock
holders to the Northern Securities
company, other than the issue of the
stock of the Northern Securities com
pany to them In exchange therefor,
for tho purpose, after tho manner, and
upon the basis aforesaid.
The defendant, the Northern. Securi
ties company, was not organized in
good faith to purchase and pay for
tho stocks of the Great Northern and
tho Northern Pacific Railway com
panies. It was organized solely to
incorporate the pooling of the stocks
of said Companies and to carry into
offect tho unlawful combination or
conspiracy aforesaid. The Northern
Securities company is a mere deposi
tory, custodian, holder, and trustee of
tho stock3 of tho Great Northern and
tho Northern Pacific Railway compa
nies, and its shares of stock are but
beneficial certificates issued against
said railroad stocks to designate the
interest of the holders in the pool. The
Northern Securities company does not
havo and never had any capital suffic
ient to warrant such a stupendous
operation. Its subscribed capital waB
but $30,000, and its authorized capital
stock of $400,000,000 is just sufficient,
when all issued, to represent and cover
the exchange value of substantially
the entire stock of the Great Northern
and Northern Pacific Railway compa
nies, upon the basis and at the rate
agreed upon, which Is about $122,000,
00ft in excess of the combined capital
stock of the two railway companies
taken at par.
XII.
If the government falls to prevent
tho carrying out of tho combination or
conspiracy aforesaid, and tho defend-
rmt tVln "Nm'flmvn Hnmirtfoa nnmnnnv
in lurtner nursuanco of tho iminw. a ncr.mmrit r ionnivn nn,i .i,i nnA
IliC0?lbl5atMn 0voc0nsPicy afore- act as owner of the stock of tho North
ern, the Northern Securities company ern Pacific and Great Northern Rail
way companies as aforesaid, not only
Railway companies, and to placo a re-
associate
r,n1n tlmrfion. tlie iuuiviuu
A BUSY WORKER
CofToo Touoliaa upDIffierent Spots.
Frequently coffee sots up rheu
matism when it is not busy with somo
other part of tho body. A St. Joe,
Mo., man, P. V. Wise, says: "About
two years ago my knees began to rjf
jfon and my feet and legs swell, so that
I was scarcely ablo to walk, and then
only with the greatest difficulty, for I
was in constant pain.
I consulted Dr. Barnes, one of the
iniost prominent nhvsioinnn h..A o,..i
lie diagnosed tho case and inquired,
''Do you drink coffee?' 'Yes' 'Yoii
must quit using it at pneo,' ho replied.
i aid so and commenced drlnkinc
Postum in Its place. ""niung
The swelling in my feet and ankles
.and the rheumatic pains subsided
quickly, and during tho past 18 months
I have enjoyed most excellent health
;and, although I have passed tho G8th
mile post I havo never enjoyed life
Good health brings heaven to us
'hero. I know of many cases where,
wonderful cures of stomach and heart
trouble have been made by simply
-throwing away coffee and using
Postum." -
will a virtual consolidation of two
competing transcontinental lines; with
tho practical pooling of their earn
ings, be effected, and a monopoly of
the interstate and foreign commerce
formerly carried on by them as com
petitors between such lines in the car
rying of interstate and foreign traffic
bo destroyed, but thereafter, to all de
siring to use it, an available method
will be presented, whereby, through
tho corporato scheme or device afore
said, the act of congress of July 2',
1890, entitled, "An act to protect trade
ana commerce against unlawful re
straints and monopolies," may bo cir
cumvented and set at naught, and all
transcontinental lines, indeed the en
tire railway systems of the country,
may bo absorbed, merged, and consoli
dated, thus placing the public at the
absolute mercy of the holding corporation.
XIII.
In furtherance of the purpose and
Object of tho unlawful combination or
conspiracy aforesaid to monopolize or
attempt to monopolize the trade or
commerce among the several states,
and between such states and foreign
countries, formerly carried on in free
competition by the defendants, the
Northern Pacific and Great Northern
r lfo nnmdf find LI1UU
stockholders of the defendant railway
companies, have combined .or coMpired
with one another and with other pel
sons (whose names are unknown to
the complainant, but whom it prays to
have made parties to this action when
ascertained) to use and employ, in ad
dition to the corporate scheme or de
vice aforesaid, and in aid thereof,
various other schemes, devices, and in
strumentalities, the precise details of
which are at present unknown to the
complainant, but will be laid before
tho court when ascertained, by means
of which, unless prevented by the or
der of this court, the object and pur
pose of the unlawful combination or
conspiracy aforesaid may and will be
accomplished.
PRAYER.
In consideration whereof, and inas
much as adequate relief in the prem
ises can only be obtained in this court,
tho United States of America prays
your honors to order, adjudge and de
cree that the combination or conspir
acy hereinbefore described is unlaw
ful, and that all acts done or to be
done in carrying it out are in deroga
tion of the common rights of all the
people of the United States and in
violation of the act of congress of July
2, 1890, entitled, "An act to protect
trade and commerce against unlawful
restraints and monopolies," and that
the defendants and each and every one
of them, and their officers, directors,
stockholders, agents and servants, and
each and every one of them, be per
petually enjoined from doing any act
in pursuance of or for the purpose of
carrying out the same, and, in addi
tion, that the several defendants be
respectively enjoined as follows:
First That the defendants, the
Northern Securities company, its
stockholders, officers, directors, execu
tive commltte and its agents and ser
vants, and each and every one of them,
be perpetually enjoined from purchas
ing, acquiring, receiving, holding, vot
ing (whether by proxy or otherwise)
or in any manner acting as the owner
of any of the shares of the capital
stock of either the Northern Pacific
Railway company or the Great North
ern Railway company, and that a
mandatory injunction may issue re
quiring the Northern Securities com
pany to recall and cancel any certifi
cates of stock, issued by it in purchase
of or in exchange for any of the shares
of the capital stock of either of said
ranway companies, surrendering in
return therefor to the holders thereof
the certificates of stock in the respec
tive railway companies in lieu of
which they were issued.
Second That the defendant, the
Northern Pacific , Railway company,
ItS Stockholders. nffinprs rlivonfnn
-w.j, l.lI.Ul.
agents and servants and each ami w
ery one of them, be perpetually en
joined from In any manner recogniz
ing or accepting the Northern Securi
ties company as the owner or holder
of any shares of its capital stock, and
from permitting such company to vote
such stock, whether by proxy or other
wise, and from paying any dividends
upon such stock to said company or its
assigns, unless authorized bv this
court and from recognizing as valid
?E, PnsfS?.' "rtgagef Pdge or as-
.bumwiL uy bucn company of such
i nn a That the defendant th
Great Northern Railway company ill
stockholders, officers, directors, ageris
and servants, and each and every one
"- mum, uo perpetually enjoined
from n any manner recognizing or
accepting the Northern Va,5?!
w I ' liuWg SootlUiiFsyrui
Has boon used for over sixtv ypabo !"
LIONS of MOTHEB8 for their cnJntSv by lllh'
TEKTHINO, with PBBPEOT 8nrr? WI,I,'
tllO CHILD SOFTEN ftKuMH Att'aJ S?,0T"K8
CUBES WIND COLlSfnnd ttl'o fin "V
DIAKRUQJA. Sold bv drimn-lof- l r0mctly for
tho world. BosuFoandaslffor' MrTwyPft,rt '
TO CUKE A OOIiD IN ONK DAY
Tako Laxativo Bromo Quinino Tablets, All
dniKgists refund tho money if it fails to euro.
E. W. Grovo'a signaturo is on each box, 25c.
company as the owner or holder of any
shares of its capital stock, and from
permitting such company to vote such
stock, whether by proxy or otherwise,
and from paying any dividends upon
such stock to said company or its as
signs, unless authorized by this court,
and from recognizing as" valid any
transfer, mortgage, pledge, or assign
ment by such company of such stock
unless authorized by this court.
Fourth That the individual defend
ants named, and their associate stock
holders, and each and every stockhold
ers of either of said railway companies
who has exchanged his stock therein
for the stock of the Northern Securi
ties company, be each, respectively,
perpetually enjoined from in any man
ner holding, voting, or acting as the
owner of any of the stock of the North
ern Securities company, issued in ex
change for the stock of either of the
said railway companies, unless au
thorized by this court, and that a man
datory injunction may issue requir
ing each of the said defendants to sur
render any stock of the Northern Se
curities company so acquired and held
him by him, and accept therefor tho
stock of the defendant railway com
pany in exchange for which the same
was issued.
Fifth That the individual defend
ants named and their associate stock
holders, and each and every person
combining or conspiring witlj them, as
charged in paragraph XIII. hereof,
and their trustees, agents and assigns,
present or future, and" each and every
one of them, be perpetually enjoined
from doing any and every act or thing
mentioned in said paragraph, or in
furtherance of the combination or con
spiracy described therein, or intended
or tending, to place the, capital stock
of the defendant railway companies,
or the competing railway systems
operated by them, or the competitive
interstate or foreign trade or com
merce carried on by them, under tho
control, legal or practical, of the de
fendant, the Northern Securities com
pany, or of any person or persons, or
association or corporation, acting for
or in lieu of said company, in the car
rying out of tho unlawful combination
or conspiracy described in said paragraph.
The United States prays for such
other and further relief as the nature
of the case may require and the court
may deem proper in the premises.
To the end, therefore, that the
United States of America may obtain
the relief to which it is justly entitled
in the premises, may it please your
honors to grant unto it writs of sub
poena direct to the said defendants,
the Northern Securities company, tho
Northern Pacific Railway -company,
the Great Northern Railway company,
James J. Hill, William P. Clough, D.
Willis James, and John S. Kennedy,
and their associate stockholders of tho
Great Northern Railway company, as
their names may become known to
complainant and the court be advised
thereof, J. Pierpont Morgan, Robert
Bacon, George F. Bakqr and Daniel S.
Lamont, and thoir associate stock
holders of the Northern Pacific .Rail
way company, as their names may be
come known to complainant, and tho
court be advised thereof, and the per
sons referred to in paragraph XIII.
hereof, as their names may become
known to complainant and the court
be advised thereof, and to each of
(Continued on Page 12.)
Dr. Miles' Anti-PaiTS.
m i hih
Nourn Mdwcho' Backache. Stomach Pnin,
neBs Hf,S:,NofiVOU8J?0,B8 Irritability, Slcoploss.
o? mirnM2,at,8n,1'nca. Contain no opium
SdofK I 0,Aa4nd lcave no ud after-effocti
a50 U. At druggists.