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title: 'The Minneapolis journal. (Minneapolis, Minn.) 1888-1939, December 23, 1901, Page 2, Image 2',
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NEW INDIAN AGENT
Majo; 1 George L Scott, Who Succeeds Captain Mercer, and His Mil
itary Record —Experience in Indian and Timber Affairs.
From The Journal Bureau, Room 45, l'ott
Washington, Dec. 23.—Major George L.
Scott, of the Sixth cavalry, who has been
detailed as acting Indian agent at Leech
Lake, Minn., in place of Captain William
A. Mercer, was appointed a cadet in the
military academy, July 1, 1871, from Ore
gon, of which state he is a native. He
was graduated and commissioned second
lieutenant in the Sixth cavalry June 16,
1875, and has been attached to that regi
ment ever since. He was appointed first
lieutenant ten years later, May 25, 1881,
and at the end of another decade, on July
1, 1891, was promoted to be captain, in
which rank he served for another ten
years, having been advanced to his ma
jority during the past year.
Much of Major Scott's active service has
been with his regiment in the southwest
THE MAIN ISSUE
IN MERGER FIGHT
Continued From First Page.
corporation because of its alleged usurpa
tion of privileges and wrongful combina
tion with, other corporations. The defense
was, that the officials and stockholders
embraced in the consolidation acted in
their individual capacities, and were doing
what they "clearly had a right to do as
Judgment was rendered for the state,
ousting defendant corporation from the
right to make a certain agreement and
tha power to perform it. The ground
lor judgment covered the very point raised
by Mr. Hill.
Lejfal Fiction DiKreit'arded.
The court decided, as laid down in the
first two paragraphs of the syllabus:
First —That a corporation is a legal entity
apart from tho natural persona who com
pose it, !!» a mere legal fiction, introduced
for oonvenlance in the transaction of busi
ness, and of those who do business with it;
but like every other fiction of the law, when
urged to an intent and purpose not within
its reason and policy, may be disregarded.
Second—Where all or a majority of the
stockholders composing a corporation do an
act which is DESIGNED TO AFFECT THE
PROPERTY AND BUSINESS OF THE COM
PANY, and which through the control of
their numbers give them over the selection
and conduct of the corporate agencies, DOES
AFFECT THE PROPERTY AND BUSINESS
OF THE COMPANY, IN THE SAME MAN
NER AS IF IT HAD BEEN A FORMAL AC
TION OF THE BOARD OF DIRECTORS,
AND THE ACT SO DONE IS ULTRA VIRES
OF THE CORPORATION, AND AGAINST
PUBLIC POLICY, and was done in their IN
DIVIDUAL CAPACITIES FOR THE PUR
POSE OF CONCEALING THEIR REAL
PURPOSE AND OBJECT, the act should be
regarded as the act of the corporation, and,
to prevent the abuse of corporate power,
may be challenged as such by the state in a
proceeding in quo warranto.
It would be difficult to discover a prece
dent which' would cover the particular
point raised by Mr. Hill, that it was more
specific and to the point than the Ohio
decision here quoted. If the Great North
ern officials acted in their capacity as in
dividuals, as claimed, it i% nevertheless
clear that their acts affects the corpora
tion just the same as though It were done
by them in their corporate capacity; and
the court in the above case rendered its
decision upon the practical results and
equities, and not upon the technicalities
and fictions of law.
Enjiliiih Common Law Invoked.
In Its citations the Ohio supreme court
■went back over the common law of a
century, quoting the following from Chief
Justice Mansfield, 2 Burr, 962:
o •• •, o
: It is a certain rule that a fiction :
: of law shall never be contradicted :
: so as to defeat .the end for which :
: it was Invented, BUT FOR EVERY :
! OTHER PURPOSE IT MAY BE :
: CONTRADICTED. :
0.. .. o
The court also appealed to former deci
sions of the Ohio supreme court, where
the legal fiction was set up of a corpora
tion being a separate entity from the per
sons composing it, quoting the following
as to the force of legal fictions from 7
Ohio State, 291:
: They were invented for the ad- :
: vancement of justice; and will be :
: applied for no other purpose. :
As to the purpose of the Ohio oil con
solidation In question, the court held:
« - •
Day in [and out there is that feeling of
weakness that makes a burden of itself.
Food does not strengthen.
Sleep does not refresh.
It is hard to do, hard to bear, what
should be easy, — vitality is on the ebb, and
the whole system suffers.
For this condition take
It vitalizes the blood, gives vigor and tone
to all the organs; and functions, and is
positively unequalled for all run-down or
Hood's Pills cur« contttfeatioa. 39 oextU. ™
where it has been stationed almost con
tinuously since he was assigned to it.
For the past eight or ten years, how
ever, he has been detailed to duty in
the Indian service. He was first as
signed to duty in Wisconsin, at the La
Pointe agency. He remained there for
several years in charge of logging op
erations; and performed other duties in
cident to the detail. At the beginning of
the McKinley tidministration, he was
transferred to Fort Sill, Okla., where the
Apache prisoners of war are confined,
among them Geronimo, the fiercest leader
of that fierce tribe. In the opinion of the
Indian office and interior department, his
service in Wisconsin fits him for the du
ties of Indian agent at Leech Lake, and
his assignment pleased Secretary Hitch
cock and Commissioner Jones.
—W. W. Jermane.
"Its purpose was to establish a virtual
monopoly." and, "All such associations
are contrary to the policy of our state and
New York Sngar Trust Case.
The highest court of New York has
taken .the same ground as that of Ohio in
regard to the use of this legal fiction as
a defense of corporate consolidation.
In 121 N. Y. 696, People vs. North River
Sugar Refining company, where the de
fense was that the act of the stockhold
ers and officials was not that of the board
of directors and therefore not that of the
corporation, the court held, as laid down
in the syllabus:
There may be actual corporate conduct
which is not formal corporate action- and
WHERE THAT CONDUCT IS DIRECTED
OR PRODUCED BY THE WHOLE BODY OF
OFFICERS AND STOCKHOLDERS, by every
instrumentality which ran wield a corporate
franchise, THAT CONDUCT IS OF A COR
PORATE CHARACTER, and if illegal and in
jurious, may deserve and receive the penalty
Without going into further cases more
or less in point, it is certain that the-de
fense laid down by President Hill is not
such as to intimidate the state, or cause
the state officials to pause in doubt as to
having a cause in court. It will be a bat
comb Oatants betWeen ""**? C°nfldent legal
ST. PAIL COMMENT
The Pioneer and Globe Discuss Mr.
Those twin apologists for Mr. Hill, the
St. Paul Globe and Pioneer Press, com
ment editorially on his published state
arW^MSß. 1" th same k- as
Mr. Hill s interview.
Coming from Mr. Hill's personal or
fnTere^ngolo^ £££* PartlCUlarly
James J. Hill to the Public.
On another page of The Globe thts morning
appears an address to the public from the
pen of James J. Hill, president of the North
ern Securities company. For a quarter of a
century Mr. Hill has been-aad he is yet-the
controlling factor in railroad affairs of the
northwest. The last and greatest enterprise
of his life—which has been devoted to enter
prises of magnitude—was the formation of the
Northern Securities company, an investment
company owning a large proportion of the
common and preferred stocks of the Great
Northern, Northern Pacific and the Burling
ton Railroad companies.
The Northern Securities company has been
assailed with all the v-iom and viclousness
that envy and malice could instigate. Know
ing little of the real scope and purposes of the
company, certain newspapers and certain
politicians have poured venom from their
pens and uttered imprecations with their
tongues. Scorning the wisdom and researches
of those who pronounced the company a
legally organized corporation, these pigmies
have howled against it as a dog bays the
moon. They didn't want the Northern Securi
ties company organized, and have mistaken
their wishes for the law of the land.
As The Globe has before said, if the North
ern Securities company is an illegal com
pany, there is a remedy for anyone who feels
himself injured. The courts of the state" and
of the United States do not fail to do justk-e;
they are for the protection of the weak and
for the meting out of even justice to the
strong, for the latter have rights that must
and should be respected.
Mr. Hill's statement is full and explicit. It
leaves nothing unpaid that should be said, it
oversays nothing that should be said. The
history of conditions prevailing, which led to
the organization of the Northern Securities
eompauy, is given concisely; the purposes of
the company are stated affirmatively, and the
beneficial results to follow the sections o(
country through which the railroads involved
run are made plain.
The statement speaks for itself. Everyone
should read it for himself, carefully and
The Pioneer's View.
The Pioneer Press finds its view of
Mr. Hill's motives and the purposes of
the Northern Securities company in
dorsed. It says of the latter:
Mr. Hill's explanation of its purpose con
firms our previous understanding of it. It is
obviously ill no sense a consolidation of the
Northern Pacific and Great Northern o-r their
interests. It is a simple depository of the
stock of those who prefer to put it there for
safe keeping. A majority of the Northern
Pacific stock is deposited with it. But it
.holds only a minority of the Great Northern
stock. It will be pretty difficult to find any
consolidation in this state of facts.
Mr. Hill having been engaged in the great
est struggle in the history of railroads to
defeat the attempts of the Titans of the
Union Pacific to absorb the Northern Pacific
and -to divert its traffic to their southern
lines, may well ask whether he has done well
or ill in preventing this disaster to the north
west—whether he has done well or ill in get
ting control of the Burlington and opening
new avenues of communication with the
states farther south and new feeders and out
lets for the traffic of the Great Northern and
THE MINNEAPOLIS JOURNAL.
Vy^y J ■ JQBB „I S9 Bff!?? MHgßflß Bfl Hofl ' B9i Kmm fe *4HH BH KX9 v^rtul Iliffl9 I r~-,:.i BoH revl __?"^jss% F'^ k^l &S KtiriS3 '/^^KH ', aßral TK!s3 no] »-iil fe*^i K0 &*? ■ M flf jQh wx &A J^ iVwyJ
\^/f . ...■'■, ■•■-. ■. ■..■-''
1 J rhe Famous S3bOO Shoe for Women^® % 1
(^ Solicit the favor of your presence and an '^u|liiliSHlsM Is the " QUEEN QUALITY" Shoe. No (@,
/^ opportunity to demonstrate the merits of make of shoe ever put on the market won wg>
W 49l 5 . Nt il^ffisESHi^' their way so quickly into popular favor V^
I "Queen Quality Shoes. =^^^s- as that famous I®)
kS. UUccfl vUdiliy DllUca. .-^^ji^sss: w
PJ X .*, SOLD ONLY AT THE CflA^ -pAf H//\
U All Styles for All Occasions, THE INEW STORE 3D06 10l IT OlilCfl. |
/gx ; "^ ; JW
# : ((|
Northern Pacific. One immediate effect of
this policy will be to greatly increase the
tonnage carried both ways over both roads.
This, as Mr. Hill has always maintained, will
enable the companies to reduce rates, and not
the least satisfactory part of Mr. Hill's state
ment 's that it is in contemplation to reduce
rates at an early day in accordance with the
Increased volume of traffic.
Uuuglusi Studies the Statement.
Attorney General Douglas declined to
discuss James J. Hill's statement, hold
ing that it would be improper. He de
clared that it would not in any way af
fect the state's course in the matter. He
I have read Mr. Hill's letter very carefully
and with much interest, and if I were en
tirely free in the matter would be glad to ex
press my views, which 1 will admit are very
positive on the question. But, considering
the position in which 1 am placed by reason
of my official obligations, I consider that it
would be highly impolitic for me to enter
into any discussion of Mr Hill's letter at
Views of the Dispatch.
The St. Paul Dispatch says:
'Mr. Hill has issued and we have published
his statement regarding the consolidatiou of the
Great Northern and Northern Pacific Railway
companies through the Northern Securities
company. The statement is not fair; it is
neither frank nor convincing, nor is it enti
tled to be called an ingenious effort to cover
the real situation. It. stated but. little and
proves nothing. We have referred to the real
facts on the first page of this paper, and fur
ther comment on those is unnecessary. The
great consolidation question which, confronts
the people of the state of Minnesota, as well
as the entire northwest, is this: Is it proper,
la it safe, to permit the judgment of one man
or one body of men, operating through a con
trolling or manatciug corporation, to disobey
and defy the laws of the state of Minnesota
under the .plea that such defiance is for the
best Interests and welfare of the people of the
state of Minnesota?
It has been the well settled policy of this
state for more than twenty-five years that
parallel and competing lines of railroad should
not be consolidated. It has been the well
founded belief of the people of this Btate
that their best Interests will be subserved by
open and free competition in freight and
passenger traffic within the state of Minne
sota. In the exercise of this belief, and to
maintain this principle, the state of Minne
sota has donated to railroad companies in
this state hundreds upon hundreds of thou
sands of acres of land, worth millions of dol
lars and have obtained in this state a rail
road system which has, in the past, given to
the people and to the state of Minnesota, a
C H. Higgs to Be a Chicagoan
y> . C. H. HIGGS <>-
I. v I
C. H. Higgs, manager of the Creamery
Package Manufacturing company's Min
neapolis house, will go at once to Chicago
to become general manager of the com
pany, with headquarters in that city. The
company has twenty-one factories and
branches in various parts of the country.
These include factories and Jobbing
houses, making and handling all kinds of
competition in securing the transporatlon
nt freight and passengers which has ma
terially benefited the state and contributed
immeasurably to its development. If thief
policy has been wrong, and the best inter
ests of the people are to be conserved by
consolidation, by unity of control, rather than
by competitiDn and diversity of control, the
people of the state of Minnesota should them
selves say so through legislative enactment.
We have no hesitation in saying that we have
more confidence in the judgment of the
masses of the people of this state on that
question than we have In that of one man,
whose judgment is so warped by selfish in
terests, and whose actions are so con
trolled by insatiable ambition as are those
of Mr. James J. Hill.
It is undoubtedly true that the Great North
ern Railway company has been one of the
factors working hand in hand with the natu
ral conditions and immeasurable advantage
of the state of Minnesota which has tended
largely to develop the northwest. But in this
natural, logical development it is not the
Great Northern (Railway company which has
made the northwest; but the northwest,
through farm, factory and mine, which has
made the Great Northern Railway company'
and Mr. Hill's fortune.
We congratulate Mr. Hill on the advantages
which he has derived through the develop
ment of the northwest and the Great North
ern Railway company, and at the same time
say that in our judgment it will be for the
best' interests of the state of Minnesota and
lor the northwest for the people themselves
to determine what will 'be to their advantage
in railway competition. '
This Is Expected of the Capitalists
of the Northern Securities Co.
Special to The Journal.
.New York, Dec. 23.—The Journal of
Cqmmerce says: Stock market matters
will remain in the condition of semi
deadlock which has been in evidence since
the May corner. The bulk of the floating
supply of securities is still to all appear
ances concentrated in strong hands. The
efforts of those to induce more active in
terest in speculation on the part of the
public have successively been met by un
expected obstacles, the last of which II
opposition to the completion of the
northwestern railway consolidation. That
deal is, nevertheless, apparently progress
ing, and there are intimations that a
bolder attitude will be shortly assumed
by the capitalists in charge. The turn of
the year is awaited with keenest interest
by all elements of the speculative com
C. H. HiGGS
creamery supplies. The Creamery Pack
age Manufacturing company was estab
lished here about three years ago. when
Mr. Higgs came to the city from Man
kato. Mr. Higgs has been in the package
business since 187 C. He does not view
his removal with pleasure, even though it
is in the nature of a promotion, and hopes
to return ultimately to Minneapolis.
Lumbermen Join Issue With
Millers of the North
New York, Dec. 23.—The lumber dealers
have joined issue with the millers of the
northwest in objecting to 'the London
clause," which the London steamship
lines insist shall be inserted in all bills
of lading. Elliot Lang, secretary of the
National Lumber Dealers' association, has
forwarded to Senator Frye a statement
showing the interest of the lumber people
in the matter. Mr. Lang said:
The lines engaged in the London trade have
inserted in their bills of lading a clause
known as the "London clause," and it is
against this clause ihat most particular ob
jections are raised. The principal ground for
complaint against this clause is that it is
not enforced against any cargo except those
originating in American ports. I am in re
ceipt of authentic niformation from London
importers to this effect and am cited, as a
particular instance, to mahogany moving from
Mexico. My correspondent states that his
mahogany consignments moving from Mexico
to the port of London direct are landed on the
quay free of charge; but where such cargoes
move by way of the port, of New oYrk, for in
stance, and are transported at that port by
way of the London line, even under a true
bill of lading, the New York to London lines
assess this charge against the cargo and we
are informed that in some instances whoro
the English consignee refuses to pay the
charge because it is not provided for in the
bill of lading, the New York to London line
recharges this expense against its Mexican
MINN. MEN PROMINENT
IN ST. LOUIS EXPO EXERCISES
Commander Torranoe, Gov. Van Sant,
Congressmen Tawney and Ed
dy and Judve Sanborn There.
Commander-in-chief Torrance of the G.
A. R. returned home this morning from
St. Louis, where he went to be present at
the annual campflre of Ransom post, and
where he also participated in the exer
cises attendant upon the opening work
for the Louisiana Purchase exposition.
Minnesota, Judge Torrance says, was well
represented at the exposition evercises.
Congressman James Tawney was the ora
tor of the day, and speeches were made
by Governor Van Sant and other distin
guished residents of the state.
Governor Van Sant, with Vice President
Charles H. Spencer of the exposition
I board, headed the evening procession to
' the banquet hall, and the following Min
i nesotans were given seats at the speak
ers' table: Commander Ell Torrance, Con
gressmen Tawney and Eddy, and Judge
Welter H. Sanborn. Congressman Mc-
Cleary wired his regrets. The banquet
was a most notable affair.
In his address Judge Torrance advised
the exposition board to go after the G.
A. R. encampment in 1904, and hinted that
there would be little difficulty in securing
It. Governor Van Sant promised- that
Minnesota would be well represented at
the fair, and Congressman Eddy predicted
that the exposition would be the greatest
ever held anywhere.
At the opening of the Ransom post ban
quet, Thursday night, Commander Tor-
ranee was presented with a gavel, the I
handle of which was made' from wood
taken from the tree under which General
'../ant was standing at the time he was
notified of his appointment as brigadier
general at Ironton, Mo. The .gavel also
contained wood from Lookout Mountain,
from a battleship now building at Seattle,
from ft spar of the Spanish ship, Chris
tiana, one of the ships sunk by Dewey in
Manila harbor, and a section of wood
sent from the Philippines by a missionary.
Judge Torrance prizes the gift highly.
Xo Doelnion in Contempt Pruceed-
Ings Till Next Mouth.
Special to The Journal.
San Francisco, Dec. 23.—Messrs. Noyes,
Froat, Geary and Woods will pass their
Christmas in uncertainty as to their fate
in the contempt proceedings. The circuit
court of appeals met again to-day and ad
journed to the first Monday in January
without rendering a decision. Attorney
Heaney asked permission to file an ex
planatory affidavit regarding the Balke
affidavit which was withdrawn, changed
and resubmltted. Judge Morrow an
nounced that the case was closed, but al
lowed the affidavit to go on record.
Warranted Pocket-kniv«B, 25c up, at
Gardner Hardware Co., 204 Henaepiu,
MONDAY EVENING, DECEMBER 23, 1001.
ARRIVALS AT THE NICOLLET
Harvey Jewett, Aberdeen, 8. n.
Judge ( ollinx, St. Cloud. Minn.
GOV. ROGERS ILL
Washington's Executive Suffer* froia
mi Attack of Pnenmonla.
Special to The Journal.
Tacoraa, Wash., Dec. 23. —Governor John
B. Rogers is confined to his homo at
Olympla with an attack of pneumonia.
His physicians say he is seriously ill and
a specialist has been sent for.
If still In doubt what to buy for Christmas, make up your mind to
buy slippers; every man, woman and child will like them. We will
exchange or refund money for them after Christmas.
Men's Slippers jj Ladies Dress Slippers
3 styles of Men's Slip- jf\ !' Ladies' fine kid and patent
pers, at rr^JC «| leather Dress Slippers, in the
'7stvlpa «f M«n'« an <m !' new colonial, four strap, V
i»«a?° fMensSllp " fkQc\ BtraP> three strap and cross
pers 'at \MX\* ,; strap styles, plain or beaded,
12 styles of Men's Slip- no.! 1 at 98c,. SI. 48, &1 CkQ
pers,at .... 2/OC ;! $1.79. $1.89 and.. I.¥O
suppers, at!.....!! $1.25 \ Ladies' House Slippers
8 styles Men's Fine d* 14 Q i Very large variety, fur trimmed
Kid Slippers, at •>/. 4o <| "rplallA felt- at 29c C/ 9 C
■„■,,,. , ! 49c, 69c, 98c and.. 0 A»ZO
2 Styles Men' Ro- <£] OQ |i . T
meo Slippers, at ... 0/.^y| Boys , Moccasins and
Boys' Slippers ~~X2J£T"^y Shoe Pacs
Embroidered velvet, J&j&®f&r- /*^^o^V We expect a ship
all sizes, .. 49c -f *&*'***?* meut of boys' and
only. 4"C W C lr«^QC youlhs 1 Shoe Pacs
ry ilcv. l^ Shoe Store C and Moccasins at. 5
Felt Shoes x 2 ,.. 1£3 ««»£, -/ p- m., to-day. We
For men, women and *%*LiX *?Tt m JWOF are quite sure they
children at lowest prices. '^'twfcal&fA^C** will be here.
DEATH IN HORRIBLE FORM
IOWA GIRL SETS PIKE TO HERSELF
Poured Kerosene I i»un Her Body and
Applied a Mutch—-liiiuue,
Special to The Journal.
Le Mara, lowa, Dec. 23.—Emma Still
well, aged 27 years, ;he daughter of J. H.-
Stillwell, a wealthy farmer, residing
southwest of here, committed suicide last
< veiling. In the absence of the other
members of the family she saturated
herself with kerosene and applied a
match. She was found by her uncle and
brother on their return " from bunting.
She was burned to a crisp, and the furni
ture in the room was on fire when they
made the terrible discovery.
The girl, who was well educated and
good looking, was suffering frou-, demen
tia caused by religious mania. Two
years ago she attempted suicide by taking
fly poison and a week ago made au at
tempt to poison herself with concentrated
essence of lye. The mother has been in
an asylum in Michigan for eight years.
J. C. Cottrell, democrat, will contest ;he
election of A. E. Fie Ida, republic;
the office of representative from Plymouth
county, and has served notice. At the
November election Fields was elei
fifteen votes. Cottrell was representative
in the last lowa legislature.
MR. TAWNEY AT HOME
He Throw* Some New Littlit on the
Philippine Revenue Bill.
Special to The Journal.
Winona, Minn., Dec. 23.— Confre
Tawney arrived home last night fro
Louis. Speaking of the exposition there
he says there is no talk among those at
the head of the management of delaying
the opening beyond the time fixed in" the
act authorizing it. Regarding congres
sional work Mr. Tawuey says his position
on the Philippine revenue bill has been
grossly and deliberately misrepresented.
Together with Congressmen Russell and
Long in the ways and means committee
he fought for the reduction of the full
Dingley duties on articles imported from
the Philippines and to repeal the export
duties on certain products. Mr. Tawnt-y
also tried to limit the duration of the act
to March 4, 1903. but all three propositions
were voted down iv the committee.
-Mr. Tawney denies whipping in repub
lican members to pass the bill after it
was reported. As the republican whip he
discharged his duties in securing the at
tendance of absentees, but beyond this
did nothing to secure votes tv.
measure. Mr. Tawney favors a reduction
of Spanish war taxes if it can he done
without endangering the revenue of the
government". He predicts that the Hep
burn canal bill will become a law.
The Difference Between Daylight
Is no more apparent than™he difference,
In the comfort of the usual, loose jointed,
old-fashioned, stove heated trains and the
modern wide vestibuled, steam heated
trains of the Northern Pacific railway.
If you are going to Duluth or the Super
iors; or Montana or the Pacific coast, give
yourself the advantage of the best there
is to be had In the way of train service.
Take the Northern Pacific railway. City
office, number 19 Nlcollct House Blk. De
pot Washington and Third avenue S.