Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-20
KEENE VS. HARTMAN.
Union Pacific and Southern Pacific
Still Involved in Litigation.

Cincinnati. June 19.--Contrary to the
report that compromise had been ef-
fected in New York between the Keene
and Hartman interests, and that the
Southern Pacific railway suit had been
settled, brief containing sensational
allegations was filed today by the APP
pellants The original suit involved the
question OF the right of the Union Pa
clic directors TO vote IN the stockhold-
ers' meeting Of the Southern Pacific.
The Hartman interests, which repre-
sent the Union and Central Pacific
roads, had secured controlling inter-
est In the Southern Pacific road, and at
the annual election TO have been held
lax April expected TO control the meet
Ing and elect their officials. Suit for an
injunction was begun by the Keene in
terests. representing stockholders OF the
Southern Pacific, the action coming To
The United States court OF appeals here
from the Louisville district. The brief
filed today was prepared by Senator
Foraker Of Cincinnati, August f. Will
son Of Louisville Edward Lauterbach
OF New York and Eugene Treadwel OF
New York.
Twenty-six arguments are presented
In behalf Of appellants to restrain the
Hartman element from voting the
Union Pacific holdings in the Southern
Pacific election Among these argu-
ments are allegations that the Union
Pacific and the Southern Pacific roads
being competitors. Il was violation OF
public policy and for that reason illegal
for the Union Pacific TO acquire and
maintain control OF the Southern Pa
cific by purchasing and voting IT'S stock.
that discrimination has been practised
IN making expenditures on the Central
Pacific IN that twice as much money
had been expended from the earnings
OF the Southern Pacific system on the
81 miles OF the Central Pacific between
Ogden and San Francisco as has been
expended on the remaining 5000 miles,
and that the immediate purpose OF such
expenditures Is 10 make the Southern
Pacific line direct through route from
Chicago TO San Francisco by way Of
Omaha and Ogden for the purpose Of
making II the main competitor In trans
continental business OF other transcon-
tinental lines; that the result would be
10 give the Union Pacific haul over It's
entire line between Omaha and Ogden
and the Southern Pacific only the short
haul between Ogden and San Francisco
.nsNeho VI tht ionk maui over IT'S man
line from New Orleans.
The pleadings show that since the
Union Pacific management has assumed
control Of the Southern Pacific the
system previously In vogue OF keeping
acrounts Of disbursements has been dis
continued and that 1t is impossible 20
give figures accurately II Is estimated.
however, that out Of about yf3.465. 900
expended for betterments, So. 900. 900 Is
now being expended on the S7l miles OF
the Central Pacific between Ogden and
San Francisco, $3.50 900 on the South
ern Pacific between San Francisco and
Portland, s. 100000 on the "a miles be-
tween Sacramento and Bakersfield. a
branch OF the Southern Pacific, or "A to-
tai Of SO, $4,000 out II A3. i65. 900 on 1870 /
miles Of the SOutern Pacific system Ia
Which the Union Pacific rs directly in-
terested.