The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-10-24

Washington. October 20-The Inter
State Commerce commission today
made public the complaint OF the rail-
road commission of Kentucky against
the Atlantic Coast Line Railroad Com
pany, the Louisville and Nashville rail-
road. the Southern railway, the South
ern railway in Kentucky. the Southern
railway in Indiana, the Cincinnati. New
Orleans and Texas Pacific Railway
Company, the Cincinnati Southern
Railroad Company and the Chicago.
Indianapolis and Louisville Railroad
Company, involving allegations OF un-
lawful combination.
The complaint asks for an investiga-
ton Of these IA by the commission,
an examination OF the contracts. agree
ments, etc, the production OF books,
papers, tariffs, contracts, etc. the issu-
ance of subpoenas for witnesses, an in
quiry into the management of the bus
mess of these roads; an inquiry as TO
whether their contracts, etc, constitute
an unlawful combination and a con-
spiracy TO pool the freights of the diff
ferent and competing roads and a de-
vice to enable the roads to divide the
net proceeds of the earnings. so as 10
equalize the earnings OF each OF them,
and the general results of the arrange
ments made on the m of the
section involved.
The complaint says these roads cover
all important railroad points and all
railroad lines in their territory, aggre-
eating %, 900 miles of railway with an
operating income of over $50. 600, 900 an
nually and charges that ]. p. Morgan
& Co, AVE secured practical control
and management of the affairs of all
these lines. The transportation facili-
ties Of his territory, the complaint
charges, practically will become one
system operated by a few individuals
and will control the m of Ken
lucky, Tennessee, Mississippi, Alabama,
Georgia, Florida, North Carolina, South
Carolina, Virginia and Maryland.
The capitalization of the defendant
roads is stated to amount to at least a
billion dollars. One man or firm, with
a few associates, controlling the
Southern Railway" the complaint al
leges, has now secured control of the
stock of the Louisville and Nashville
L a ooo LIN lolCI vi lit SUN VI lIlC
Atlantic Coast Line Company and the
Atlantic Coast Lin Railway Company,
and a secured entrance into St. Louis
and Chicago through lines by which it
would be able to forcably compel 9TH
er lines out of st. Louis and Chicago
into that territory to make rates such
as it should dictate and to dictate
schedules, terms and rates of every
kind to all smaller roads. h COM
plant alleges that this purchase, con-
~solidation and ownership means the
placing of the of that entire
section under the control and operation
of a very few men, dominated by the
firm of j. P. Morgan & Co.
1t is alleged that the defendant com
Danies have not filed with the Inter-
State commission as requir-
ed by law, copies OF the contracts,
agreement, etc. 1t is charged that such
arrangements, combination, purchase
and sale for the producing of what is
Icalled a community of interest consti-
Itute simply an agreement or combina-
ton by which all freights of all roads
named shall be pooled or controlled or
routed, So as to prevent competition.
This consolidation, joint ownership and
joint control, it is charged, are simplay
to pool freights between these railways
in such proportion as those controlling
or managing the combination shall des-
lignate and so destroy competition. The
complaint alleges that as a result, the
rates will be advanced, communities
disseminated against, and freight will
be routed over one or another of these
lines to maintain increased earnings
and create fictitious earnings to give
Fictitious values. BY this control and
Operation says the complaint. 1.-THE
commerce of these states will become
subject to the dictation of a few ind!-
Ividuals and by the tremendous com
bination of power thus secured legis-
llation may be had, traffic impeded, and
business destroyed in part of this terri
tory.
THE object" the complain. continues
lis to place all the railways under tn
control Of a single firm or OF a few
individuals; to control and manipulat.
railroad traffic and practically pool III
the business Of all the railroads in al
this territory, to produce enormou!
profits, etc, and TO place all the bust
ness and products of over sixteen mil
lion people in 422, 900 square miles of ter
iritory under the control and domination
of a single individual. The combina
ton, the commission charges, Is in VIC
lation of both the letter and spirit o
the laws of the United States and Of tn
several states involved.
The interstate commerce commissio
!. will Immediately notify all concerne
: of the complaint and probably will ar
range for q hearing not earlier than De
ceTnber-