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THE EVENING BULLETIN.
MAYSVILLE, KY., WEDNESDAY, JANUARY 8, 1902.
Is Carried the Contest Against the
Northern Pacific Merger.
INJUNCTION PETITION FILED TUEoDAY
An Exhaustive Document Setting
Forth Policy of Minnesota In It a
Fight With the Hill Syndicate
and the Cauiri of Action.
Washington, Jan. 7. Attorney Gen
eral Wallace B. Douglas of Minnesota
filed in the United States suprem.'
court, the bill of complaint in the case
of the state of Minnesota against the
Northern Securities company. It is a
document of about 10,000 words, cov
ering 32 pages of printed matter.
The bill first points out the direct
interest the state has in the proposed
consolidation. The state still owns
more than 3.000.000 acres of public
land valued at more than $15,000,000
and traversed in part by the iines of
the Great Northern and Northern Pa-
iflc railroads. If tho merger is af
fected these roads will c 'isc to build
spurs Into these lands or compete for
their business. The value if the lands
will not increase as it has under com
petition and the state will lose in tux
able value of its property. Tho lands
will not be opened for years and de
velopment will be arrested.
R is next set up that the state ex
pends more than $700,000 annually in
the operation and maintenance of its
educational, charitable and other pub
lic institutions; that this is mostly
raised by direct taxation; that the
amount which can be raised and the
successful maintenance of these insti
tutions for the benefit of its citizens
depnd largely upon value of the real
and personal property within the state
which in turn depends largely upon
free railroad competition. It has been
the settled policy of the state to en
courage railroad building by grant of
lands and in this way over 10,500,000
acres have been granted, nearly all of
which baa been granted to the Qreat
Northern and Northern Pacific and
their subsidiaries. The complaint al
leges that the rates on the immense
shipments of wheat and other mer
chandise over the lines of the two com
panies have been lower than they will
be under arrangement that contem
plates unity of control.
Conditions of the Charters.
The bill then recites the charteis
and incorporations under which the
Great Northern operates over 600
miles of road and cites the clause in
its charter providing that its affairs
are to be conducted by a board of di
rectors wbich Is to do all things neces
sary "and not inconsistent with the
constitution and laws of the United
States, or the laws of this territory, or
this act." It is further alleged that
James J. Hill holds a controlling in
terest in the $125,000,000 of capital
stock. The history and charters of
the Northern Pacific are similarly
'stated, special attention being paid to
the roads acquired and built within
the state. By filing its articles of in
corporation in Wisconsin with the
Minnesota authorities the Northern
Pacific became subject to all the laws,
regulations and provisions of Minne
sota. The facts as to the present per
sonal directory, the insolvency f the
old company and its reorganization in
1893. the purchase of the St Paul and
Duluth in 1899 are recited at length.
It Is set up that the lines of these two
systems are not only competitive be
tween points within Minnesota, but
that they they furnish the only com
petitive lines between Minnesota and
Puget Sound and have so furnished
for 11 years. They are also, with one
exception, the only lines traversing
northern Mlnneeota. A paragraph is
devoted to the Burlington and the
facts as to the terms on which its con
trol was obtained by the two systems
Jointly, Charles E. Perkins, its former
president and director being a director
in the Northern Securities company.
The certificate of incorporation of the
latter filed in New Jersey Nov. 13,
1901. is quoted In full.
Northern Securities Company.
Taking up the Northern Securities
company It is set forth that it was or
ganized by J. J. Hill, W. r. Clough, J.
Pierpont Morgan and "other associ
ates to the oratix unknown." who at
the time were continually in confer
ence over means by which the laws of
Minnesota might be successfully evad
ed, or avoided and that .'t was so or-
pending the delivery of the stock to
the Northern Securities company It
should all be turned over to James J.
Hill or be under his control. The
Northern Securities company, It Is
charged, does not intend to purchase
this stock, but simply to issue its own
stock in exchange therefor.
The Merger Attacked.
For these unlawful purposes the
company Is about to receive, un
less enjoined therefrom, all the capi
tal stock of the Great Northern and
Pacific. This, it is claimed, is part of
a plan of Hill, Morgan and their asso
ciates, whereby the two systems are
to be consolidated and placed under
the direction of one man or board of
directors, through the defendant com
pany and t.iUB bring about and per
petuate a monopoly in railway traffic in
Minnesota and a complete consolida
tion of the two systems. One man or
board will thus, it is alleged, be en
abled to fix al) rates on lines of the
state, determine what trains shall run,
remove all competition, and prevent
the building of lines into new country
or into competitive territory. This
agreement and the consummation
thereof is claimed to be "in restraint
of trade against public policy and
void." Under its terms the directory
of the Northern Securities company
may change its' own rules or may dele
gate all its authority to an executive
committee. It is pointed out that
Hill the president. W. P. Clough the
vice president, and E. T. Nichols the
treasurer and secretary of the com
pany were all at the aate of its organ
ization officers of the Great Northern
and that a majority of Its directors
were also directors of th( Northern
Pacific. It has been the settled policy
of the state to prohibit cnsolidation
of parallel or competing lines and the
law of 1874 in which sucn prohibition
Is made is quoted in full, as well as
the amplifying act of 188!, and the
anti-trust law of 1899 prohibiting any
combination in restraint of trade. It
Is set up that the Northern Securities
company is a railroad corporation
within the meaning of the Minnesota
laws and that its design to evade, es
cape and violate these laws in such a
way as to cause the state 'irreparable
Injury." It is not the own r of any
other property or stock cr securities
and is engaged in no other business
save that of management and control
of the Great Northern and Northern
Already, It is alleged, J. J. Hi J, as
president of th- Northern Scouritic ;
company has dictated, changed aul
controlled the policy of the two con
stituent roads, and during December,
1901, it is alleged, the general mnnag
ing officers of the" dr. at Northern, act
ing under hit directtOB, took charge
or and are now engaged in managing
a large portion of the business of the
Northern Pacific. It is alleged that it
Is the settled policy of New Jersey to
allow the consolidation of only such
railroads as are, or can be connected
to form continuous lines and not to
permit the consolidation of parallel or
Ground Set Up For Injunction.
The oratix, claiming to have no oth
er adequate remedy i r relief, except
as prayed for in equity, asKS that the
defendant be required to show cause
why it should not be perpetually en
joined and restrained:
First From voting at any meeting
of the stockholders of the Great
Northern and Northern Pacific, the
capital of these companies and from
attending ia any manner such meeting.
Second From aiding, advising, in
terfering with or in any way partici
pating in the management of the two
Third From permitting any of its of
ficers, agents, or servants from acting
as representative, director, officer or
employe or exercising any control, or
direction over the same.
Fourth Making any arrangements
or combinations having for their ob
ject such joint control.
Fifth From holding, owning or con
trolling any of the stock of either com
pany, the defendant company being
required to resign or retransfer all
such stock to the person from whom
it was received taking in return Its
own stock issued in exchange there
for, and meanwhile to be enjoined in
all respects In relation to said stock
as hereinbefore prayed for.
Sixth From receiving any more
stock of the two companies, in case it
shall appear that the defendant com
pany has not yet acquired controlling
interest In either.
Seventh The oratrix prays permis
sion to amend complaint if necessary
and bring in other parties for the pur
ISTHMIAN CANAL BILL
Now Has the Right of Way In the
Lower House of Congress.
HEPBURN OPENED THE DISCUSSION.
Chaplain of the Senate Prnyed For
Newspaper Correspondents Bills
Introduced In the House and
Senate Washington News.
Washington. Jan. 7. There was a
fairly large attendance in the galleries
of the house in anticipation, of tne
opening of the debate upon the Nicar
aguan canal bill which had been made
a special order for Tuesday. By the
terms of the order the bill will con
tinue before the house till disposed of.
Without preliminary business the
house went into committee of the
whole, Mr. Grosvenor of Ohio in the
chair, for the consideration of the bill,
and Mr. Hepburn (Iowa), the chairman
of the committee on interstate and for
eign commerce which reported the bill,
took the floor to open the debate.
Representative Cooper (Wis.), chair
man of the house committee on insular
affairs, introduced a bill giving a com
plete form of insular government for
the Philippines, to begin Janu. 1, 1904.
with a government appointed by the
president, a legislature of two houses,
and with two Philippine commission
ers to represent the Philippine ppople
at Washington. In other respects the
Cooper bill follows that of Senator
Lodge, but in the important features
of establishing acivil government after
Jan. 1. 1904. Mr. Cooper's measure en
larges on the bill drawn at the war
department and introduced in the sen
ate by Mr. Ixdge. In framing a form
of civil government for the Philippines
Mr. Cooper follows the recommenda
tions of the Philippine tommiss'on,
and continues the authority of the
commission until Jan. 1, 1904. The up
per brant b of the legislature is called
the council, and is to consist of five
native Filipinos appointed by the pres
ident. The lower house is called the
house of delegates, and consists of 30
members, elected every two years by
vote of the Philippine people. The
qualifications of the voters are that
they shall be over 21 years old, shall
be able to read and write Spanish or
English, shall possess taxable property
and shall have resided lor one year in
In the Senate.
In the course of his invocation in the
senate the chaplain referred to "that
body of able and accomplished men
who send forth reports of the proceed
ings." Among the oldest senators and
officials of the body it was noted that
this was the first time in the hsitory
of the senate that the reporters and
correspondents ever were prayed for
in the United States senate.
The first hour after the session con
vened was consumed in the introduc
tion of bills, principally measures of a
tions within the range of 100,000 to
50,000 men. There will be several
bills of a special character affecting
the army. One of these seclal meas
ures will be framed when the army
board now in session determines on
the four large posts, for great assem
bling camps for the reguiar army, in
various parts of the country. Another
bill provides for num vous retirements
in accordance with re. immendatlons
of the war department. But these and
other measures do not touch the gen
eral organization of the army which
will be let alone so far as I am aware,
during this session of congress."
IENTU0KY LEG SLAT0RE.
Blue Grass Statesmen Are lu Session.
Jov. Beckham's Message.
Frankfort, Ky., Jan. 7- -Both branch
es of the Kentucky legislature organ
ized Tuesday by the election of the
nominees of the Democratic caucuses,
namely: Speaker of the house, Ger
ald 1. rinn of Simpson county; house
clerk, James E. Stone of Brekinridgc
county; president of senate. N. W. Ut
ley of Lyon; chief clerk of senate, Wil
After the usual routine business the
annual message of Governor Beckharr.
was read and referred to tho imual
in ins message to the Kentucky leg
islature Governor Beckham congratu
lated the assembly that the conditions
under which it is assembled are pio
pititious and that all indications give
promise of a successful session, and
adds: "The dark clouds of Interna
dissensions that hung over us two
years ago in the unhappy differences
then existing have disappeared. The
unfortunate bitterness of that petiuu
caused by the extraordinary political
conditions is fast disappearing and
our people now fully realize tin super
ior advantages of diverting their unit.
and attention to the industrial pro
gress of the staic rather than to the
activities of heated political controv
ersies and contests. Notwithstanding
the many misrepresentations and
C I n n il a nn AtaAj 1 a
.cuuci uncieu uy outsiders concern
ing the conditions of the state, it is
nevertheless a fact tha the supremacy
of the law in Kentucky today is such
as to give every citizen as perfect a
guarantee of protection to life, liberty
of property, as can be found in any
state in the union. We have suffered
much by thest falsa and exaggerated
reports, but it is now happily within
our power to give absolute assurance
to all that a condition of peace and a
respect for law exists from one ud vi
the state to the other." Referring to
finances the governor advises retrench
ment in expenses and more economi
cal disposition of its revenues, so as
to avoid the necessity of increasing
the taxation for tiie purpose U state
government. Honded indebtedness
Jan. 1, 1902, was $1,000,000 in 4 per
cent bonds, one-naif of which matures
in 1905. and the other half in 1907.
Old bonds outstanding amount to $6.
394. but they are supposed to be lost
and may never be presented for pay
ment. The total educational bonds
UP TO THE PRESIDENT,
Schley Appeals From Long's Decision
and Majority Report.
SOME NEW FACTS TO BE SUBMITTED.
Object of Ihe Admiral's Personal Call
at the White House Monday Made
Known Ills Attorneys Are
Preparing the Appeal.
private character, including bills for amount to $2,477,596.86. There was a
pensions, claims, etc. cash balance in the treasury Jan. 1,
A resolution offered by Mr. Stewart 1902- of ll.146480.0S.
(Nev.) was adopted directing the tec- Tne governor refers to the sum
retary of the interior to Inform the '-'J-"--it expended last year for
Washington, Jan. 7. It was made
known Tuesday that the object of Ad
miral Schley's visit to the White
House Monday waB to request the
president to entertain and consider
an appeal for the reversal of the ac
tion of Secretary Long and the disap
proval of the majority of the court of
inquiry. The interview was satisfac
tory, the president granting the admir
al s request. Messrs. Rayner and
Teague will assist Admiral Schley in
the preparation of the appeal.
The interview with the president
was arranged fn advance and at its
conclusion Admiral Schley left the
White House in a satisfied state of
mind. He had been given a full op
portunity to present the case from nil
standpoint and to acquaint the presi
dent with many details of which the
latter could not have any knowledge.
While Admiral Schley would not
make any statement regarding the
matters discussed, holding that an in
terview between a naval officer and
his commander-in-chief should be re
garded as confidential, it is understood
he brought to the president's atten
tion many of the alleged injusn
and discrepancies of the majority re
port of the court of inquiry.
Admiral Schley'l interview with th
president was the result of his de
termination to exhaus: every means in
his power to overturn the judgment
which has been rendered against him.
His appeal will be different from that
submitted to the navy departmen.
bringing out some new facts which
have an important bearing upon the
The following statement was given
out by Admiral Schley's counsel at
the conclusion of a conference: "A
miral Schley has concluded after ma
ture and careful deliberation, to ap
peal from the majority decision of the
court of inquiry to the president of
the United States, as commander-in-chief
of the army and navy. The ac
tion having been determined upon
nothing more can be divulged at thU
time, the regulations of the navy b
Ing such that the nature of the pro
posed appeal cannot be revealed ex
cept by the president after the forma!
documents have been filed with him "
Mr. Rayner stated that it will take
some time to prepare the appeal aul
that it will not be filed with the pre-,.
Ident Ufttil after the return of Admiral
Schley from Savvannah, about Jan. 30.
RETURNED TO PEK.NQ.
Chinese Court Again Installed In the
t'upltal of the Kmplre.
Peking, .Jan. 7. Thousands of of
ficials assembled here to receive th-
emDCI'Or anil emillcsK ilfiu'iii'i.i' m Ikali
-1 I.-.l. . . -- - r- -c,.-. .. IIICI1
senate wherein leases for large tracts , -""-ie purposes ana he aduses a . return to the capital The entire
of land on Indian reservations have , thorouKh investlsation "to see wheth- route to the entrance of the ,,inl
1 .. t . .... ... -II ,v: . 1 -,- -. w..
oeen maae or are in contemplation. " "' ,,ul " ' money is necessarily
. expended.' A.- te
A resolution offered by Mr. Gal linger
(N. H.) was adopted. It directs the
committee on the District of Columbia
to ascertain whether the law requiring
employers of female help in stores,
shops and factories of the District of
Columbia to provide scats for the em
ployes while not actually engaged in
work is being observed, if not, why?
A resolution by Mr. Morgan was
to the public buildings
at the capital city he says "they are
unsightly and incongruous and un
worthy of the state of Kentucky." as
well as Inadequate for the transaction
of public business. He recommends
a new capitol building; also that "for
eign corporations doing business in
the state should be required to pay
tax as a matter of equity to home
adopted after some debate authorizing ' corporations, and as a matter of fair-
ganized solely for the purpose of ef
fecting a consolidation of the Great poee of giving force and effect to any
Northern and Northern Pacific. The decree of the court, and asks the
owners of a large majority of the court to issue a subpoena against the
stock of the two systems had agreed company and set a da yfor the hearing.
the canal committee to investigate as
to whether trans-American lines in
the United States or Canada had com
bined to keep up traffic rates for car
goes and passengers across Panama.
At 1:25 p. m. the senate adjourned
till 2 p. m. Wednesday.
The postponement of the hour o'
meeting Wednesday until 2 oclock
due to the desire of many senators to
attend the wedding of Miss Foraker,
daughter of Senator Foraker of Ohio,
wbich is to occur at noon.
was lined with troops.
When the imperial cortege entered
the Forbidden City it was the most
brilliant scene Peking ever witnessed
The procession consisted of 1.000 gor
geously attired noblemen, mounted
upon glittring caparison d horses.
The emperor, the empress dowager.
Prince Chun, the empress and several
princes were borne in yellow chairs,
their escort carrying hundreds of gay
banners anil silk umbrellas. Tha
ness and justice:" also that the state troops of General Yuan-Sh.-Kai. gov
beforehand to transfer to the new
company 75 per cent of the stock of
the systems on terms wbich are set
forth in full and to retire the preferred
stock of the Northern Pacific. In
furtherance of the plan to evade the
laws of Minnesota, it was agreed that
, Frank Hickman, formerly of Galla
tin, Tenn., suicided at Chickasa, O. T.,
by taking poison. No cause known.
i Thomas and Robert Summers, farm
ers, killed by Louisville and Nashville
train at a crossing at Henderson
Hull on Army Legislation.
Washington, Jan. 7. Representative
Hull, chairman of the house commit
tee on military affairs said there would
be no move at this session of congress
for a revision of the present army or
ganization, or for any broad general
legislation affecting the army. "An er
roneous impression has gone out that
I favor a revision of the 'aw passed
last year," sail Mr. Hull, "but as mat
ter of fact, I favor letting the present
law demonstrate its usefulness before
tinkering with n. 1 do not believe in
passing a bill at one session and re
pealing it the next. I have-been quot
ed as favoring a reduction of the army
to 80,000. This is not only incorrect,
but It is absurd, in view of the fact
that the president has the power un
der the present law to make reduc-
be fitly represented in the St. Louis
Wants to Prove Innocence.
London, Jan. 7. John Murray, who
recently surrendered to the police in
Ireland, saying he had killed his wife
at Wot Jefferson, O.. tmi who was
brought to this country in custody, ap-
.peared at the How street police court
charged with manslaughter. He wab
remanded one week. Murray made a
statement in which he admitted hav
ing kicked his wife unintentionally. He
said he left West Jefferson becsuse
his father in-law threatened to assault
him. He now wishes to return and
prove his innocence.
Norfolk and Western Wreck
Gray, W. Vs., Jan. 7. No. 4. Nor
folk and Western express train from
Columbus, O., to Norfolk, a collid
ed here with a northbound through
freight train and both rains were bad
ly wrecked. The messenger and brake
man on the express were killed out
right and the engineer and fireman on
the freight are missing. A number of
others were Injured.
John W. Ke-nney, discharged meld
er, shot and killed John G. Saddler, 50,
superintendent Springfield Foundry
company at Springfield, O. Sadaer
leaves family of 14 children.
ernor of Pe-Chi-U. preceded Ihe em
peror. The foreign community assem
bled on top the Chien gate.
The emperor and empress dowager
entered the temple in the gate and
burned intense. The dowager em
press upon emerging from the temple
saw the foreigners peering down and
bowed. A double row of soldiers,
kneeling, lined the four mile route.
Americans and Russians Clash.
Washington. Jan. 7. A serious
clash occurred between American sail
ors of the Uniled States ship Vicks
burg and the Russian soldiery at
Nieuc hwang, China. There have been
three fights and as a result one Rus
sian soldier Is reported wounded. The
matter was made the subject of com
plaint by fie Russian ambassador at
Peking to United States Minister Con
ger and Mr Conger In turn has in
formed the state department. Secre
tary of the Navy Ijong has cabled
Commander Berry of the VIcksburg tj
use every effort to prevent furtu.
Aberdeen, Miss., Jan. 7. Will Lan
ier, under sentence of death for the
murder of BIttle Brothers, and who
has twice broken Jail, has been recap
tured and is again in prison here heav
ily Ironed and closely guarded.