The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-12-12
Up-Country Witnesses Tell How
Competition Has Been Killed
in Their Territory.
A Wheat Raiser Who Wasn't
Good Had His Spur
Track Torn Up.
Road Then Offered to Sell Back
Right of Way He Had
Given.

1T looks as if this merger had taken
effect" said the Northern Pacific agent
at Moorhead to 0. G. Beck. when he got
orders to take out the existing rate from
Fergus Falls in competition with the
Great Northern.
The Leach Brothers. wheat farmers
near Fargo. discovered that something
had happened this fall, when the Great
Northern dropped its former courtesy and
endeavors to oblige, and tore out side
track built to accommodate them in
loa ding cars.
Both these facts We're introduced as
evidence in the states suit against the
merger to-day. They furnished prac-
tical illustration Of merger harmony,
showing that the former competing rail-
roads no longer have any care as to
which gets the business.
The two witnesses examined this morn
ing strengthened the case Of the state
materially. and their disclosures were lit
tie short Of sensational. This was espe
cially true of the testimony of Addison
II. Leach Of Warren, N D.
Judge Young was not able to do much
with him cross examine ton, but re-
lies on striking out the testimony be-
Use it relates to interstate commerce.
The state presented it as practical proof
of the workings of the merger. which is
just as pertinent in North Dakota a s in
Minnesota. Mr.. Leach's story gave an ex-
ample Of NERVE on the part OF railway
official. who proposed to sell back to him
at so an a right Of way which the
teaches had originally given to the road.
Injustice "For Business Reasons"
In the government case. it was shown
that the merger could raise and lower
rates at will, and had the shippers at its
mercy The state is showing that the
,rt np11 rn ir,i1 RI shin
pers. but is actually doing iniustice-for
"busness reasons as Colonel Dodge put
It.
Judge Young agreed to-day to stipulate
the circular letters read yesterday. with
out calling the traffic officials Of the two
roads to identify them. 1t was also agreed
to stipulate that they were sent to the
agents al all junction points. These let
tors are broadly significant. They are
Identical except in the name of the rail-
road the Great Northern letter refers to
the corresponding letter of the Northern
Pacific and vice versa. They are even
the same in plInctua ton. aud "evident1t'
were done the same typewriter. Their
effect was to do away with competition
and send all goods between intersectins
points by the short line.
This afternoon two witnesses were ex-
amined. Johnson Wagner and E. Weider-
man, both of Moorhead. Both are farm
to car supply, etc, since the merger.
To days testimony it was thought.
would conclude the hearing for the pres
emit but it will be resumed later to. get
the evidence Of some witnesses who are
not now to be reached.
At the opening Judge Young withdrew
his objection to the competency Of the
evidence given yesterday by the secre-
tares of the Minneapolis and Duluth
chambers of commerce. He still objected
to the evidence as irrelevant.
"Youl Have to Ship by the N. p"
O. c. Becker of Moorhead. partner of
Mr.. Wright, who testified yesterday. gave
further details Of their dealings with the
agents of the railroad companies. He
told of a conversation with the Northern
Pacific agent, who said:
After this you will have to ship by
the Northern Pacific. 1t looks as though,
the merger has taken effect.
At this murmur OF amusement went
through the court room, in which the mer-
ger attorneys joined.
Addison II. Leach of Warren, N. D., a
farmer. was next. His farm. which he
runs with his brother, comprises four sec
tons, and is ada cent to both the Great
Northern and Northern Pacific roads
They raise wheat principally. and ship
to Duluth, mostly by the Great Northern
About fifteen years ago the Great North
ern built spur track four miles long
The Leach brothers graded the road bee
and decided the right Of way to the Great
Northern.
Judge Young interposed the usual OBJ
lection of inCOmpetency. and the further
objection that the evidence had to dc
with matters outside the state. The OBJ
1ections were entered and the examna
ton proceeded.
Track Was Pulled Up.
Mr.. Leach said they had shipped about
$50 cars last year. They had always beer
supplied with cars on the spur tract,
until September of this year. About
Sept. 10 he asked the agent of the Great
Northern at Addison to put in some cars
to be loaded. Next day they put in twelv,
cars. He loaded all but three, which
were in bad order and could not be used
He went down and asked for sixteen moro
cars. They promised him the cars the
next day. That evening a brakeman
came over and notified him to load those
three cars by next day. or they would
pull up the track. He refused to loac
the cars and a work crew was sent
which pulled up the track. He had hat
no use of the spur since He has since
taken the grain to the Northern Pacific
an extra haul Of two miles. Mr.. Leacl
wrote the superintendent of the Grea
Northern to see what they were goin,
to do with the old ties. He got no sat
tSfaCt1On, ana wrote TO l.. w. Hill to SCI
what he could do to clear the right O
way for cultivation. About two week
later he got a letter from the right o
way man asking him to pay $40 an acr
for the right of way. ties included. H
replied that he did not think much of it
having given the land to the road in tn
first place. He wrote a statement of tn
facts to w. f. Dodge, attorney for tn
Great Northern, and received a reply
which was offered in evidence. The let
ter promised Mr. Leach that the matte
would be satisfa ctorily adjusted, tina
there was nothing personal in tearing u
the track-it was done "for bushes
reasons. .. r.a
Prior to 1902 the Great Northern sole
tied thei rbusness, said Mr.. Leach, an
had sent travelling freight agent ever
year to see them. This year no effort we
made to get their business 90. t-...s SIS.
Mr.. Leach had occasion to ship two cal
loads Of horses from Warren to Earle,
Mimi, on the Minnesota & International.
leased line Of the Northern Pacific. TT
distance was only 223 miles, and the be,
the Northern Pacific agent at Fargo cou
do was $77.80 per car. The rate to Be-
midi was $45. and the rest was put on fl
the 23-mile haul to Farley He though
this rate prohibitive, and later told tt
travelling freight agent that it would +
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