The record-union., 1894-07-18
enecial to the REooRp-UN1ov.

Los ANGELES, July IA most I'M
portant suit was fled in the United
States Circuit Court yesterday by United
States District Attorney Denis and Special
United States Attorney Call, under the
special direction of Attorney-General
Olney, it being a bill in equity against
the Southern Pacific Company of Ken
lucky.
The bill asks that all corporations,
which have combined with the Southern
Pacific. be separated from that corpora
ton and the agreement under which they
are now working be annuled and cam
celIed.
If the Government wins it means that
the Central Pacific OF California, of Ari-
zona and Of New Mexico and the Santa
Monica branch, the Long Beach branch,
and, in fact. all lines which go to make
up the Southern Pacific system, viii be
separated and operated by their own set
of officers.
The mbination forming the Southern
Pacific OF II entucky is alleged to be a eon-
spiracy to retard and restrict commerce.
The bill is brought under the same
United States statutes under which pro-
ceedings against the Southern Pacific
striking employees were commenced, as
contriving TO retard commerce.
The different lines OF railroad which
are embraced in the alleged combination
are as follows: Southern Pacific Com
pany, organized under the laws of Ken
tucky; Southern Pacific Railroad, organ
lied under the laws of California, the
United States, Arizona and New Mexico:
the Galveston, Harrisburg and San An
tonic Railway Company: the Texas and
New Orleans Railway; the Louisiana
Western Railway: Morgan's Louisiana
and Texas Railroad and Steamship Com
pany; the Mexican international Rail
way Company; the San Jose and Ala
media Railway; the Pajaro and Santa
Cruz Railroad Company; the Monterey
Railroad Company; the Monterey EX-
tension Railway Company; the Southern
Pacific Branch Railway Company; the
San Pablo and Tulare Railroad Company;
the San Pablo and Tulare Extension
Railroad; the San Ramon Valley Rail-
road; the Stockton and Copperopolis Rail-
road Company; the Stockton and Tulare
Railway Company; the San Joaquin
Valley and Yosemite Railroad Company;
the Los Angeles and San Diego Railway
Company; the Los Angeles and Inde-
pendent Railway; the Long Beach. Whit
tier and Los Angeles County Railway
Company: the Long Beach Railway Com
pany; the Southern Pacific Extension
hallway Company; the San Ramon and
San Bernardino Railway; the Texas and
Pacific Railway; the Central Pacific Rail-
way; the California and Oregon Railway:
the Oregon Central Railway: the Pacific
Mail Steamship Company; the Pacific
Improvement Company; the Central
Trust Company of New York. conclud-
ing with the names of c. 2. Huntington,
Charles f. Crocker, Mrs. Leland Stan
ford, in her own name as executrix of
Senator Leland Stanford, deceased, Mr..
Stillman, MIR. Hub bard, a. y. Towne, j.
a. Fillmore. D. o. Mills, Lloyd Tevis, L.
III. Goodman, J. A. Muir and D. Burk-
halter. who are named as citizens and
residents of California, and Edwin T.
Searles. citizen and resident of Massa-
chusettS.
1t is alleged that the line from San
francisco via Los Angeles to Yuma, and
from Ogden. Utah, to San Francisco,
were constructed by the United States
through the agents OF the different COM
panies in sections for the purpose of Sc
curing safe and speedy transportation for
mails. troops, munitions of war and the
public stores of the United States, and
the defendants have combined and con-
Spired together aud with other persons
and corporations to restrain trade and
communication among the several States
of the United States and foreign nations
and that they have in furtherence of said
conspiracy combined all lines of railroads
and transportation companies under
single management.
IL is further prayed that all contracts,
leases, agreements and consultations be-
tween the defendants in any wise relat-
ing to the leasing, operation and control
of any of the roads mentioned may be
annulled and declared void.
Ii is also prayed that all transfers of
shares OF capital stock of any CORPORATION
defendant herein TO any other corpora
tion defendant herein be annulled and
declared void.
1t is further prayed that each railroad
or transportation company be required
henceforth to operate and MAINTAIN
through its own corporate officers and
employees, without favor or discrimina-
ton against any person, corporation or
the United States, its road, and exercise
by itself alone all its respective duties
required by its charter and by the laws OF
the United States and of the State of Cali
fornia.
1t is further prayed that the defendants
be perpetually enjoined from in any way
combining or conspiring together, or
with any other person or corporation to
restrain trade or commerce between
States or with foreign nations.
The complaint concludes by stating
that all defendants mentioned are neces-
sarily parties to the suit, and the prayer
IS that the court order all of them TO be
summoned and that subpenas be issued
for them.
THE coMPANY's SIDE.
SAN Francisco. July IA gentle
man high in the councils OF the Southern
Pacific was asked to-day what he thought
of the action begun against the company
yesterday in the United States Circuit
Court at Los Angeles.
Il attach no importance to it,r was the
answer. 1T seems to have originated
with District Attorney Dennis, and I sup
pose Attorney General Olney has simply
given him permission to 90 ahead and
show what he could do.
Il haven't even read the petition all
through. as published in morning paper.
But on the face of it there appears a
sweeping charge of conspiracy and fraud.
And for what2 Apparently there is moth
ing to. support It but the fact that the lines
of a considerable number of separate rail-
road corporations are leased to and oper-
ated by the Southern Pacific Company.
docs it make any difference whether
these numerous roads are operated by as
many different companies or by one only?
Is it not clear that these various proper
ties, all connected with each other and
forming parts of one system, may be
operated more efficiently, more econom-
icaily and in every way more advantage
ously TO the interests of the public than if
they were each operated independently
by a separate corporation?
1.-The petition says that the defendants
have by means OF these roads, operated as
one, nonopolized trade and commerce.
Now suppose that instead of operating
them as one system, Mr.. Huntington and
his associates had operated each of them
independently, by means of the various
original corporations. IN that case would
the alleged monopoly ba any the less?
And if there were a monopoly, what has
that to do with the charge of conspiracy
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