The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-10-01
The Republic Bureau.
18th 81. and Pennsylvania Ave.

washington, Sept. U.-Another chapte
in the matter Of the alleged consolidation
| Of Merchants and Eads bridges, at st
| Louis. was opened shortly after thi!
morning. when Secretary OF War william
| H. Taft heard argument on the case.
Judge J. u. Dickinson, general counse
for the Illinois Central, and Judge j. E
| McKeighan appeared for the Merchants
bridge. while Assistant Attorney Genera
, Samuel Il. Jeffries was present as the rep
resentatfve of the State and the people Of
st. Louis. While Mr.. Jeffries did not come
with the expectation Of participating II
| the argument. he was prepared to do 80
and placed clearly before Secretary Taft
the contentious of Attorney General Crow
General Consul Watts of the Terminal
Association was in the city, but did not
attend the hearing.
At the outset Secretary Taft stated he
could not give much time to the hearing
He asked that counsel make their points
without full argument, saying he would
rely on the written briefs.
The contentious OF Judge Dickinson and
Judge NcKeighan were purely technical.
They held that there had been no viola
ton OF the letter Of the law. and that be-
fore the Secretary Of War could take 20
important and. unprecedented step 1t
must be estat ked that not the spirit.
bu. the letter. he law had been V'0-
lated.
"a" "'
Dickinson said that the act authorizing
the construction OF the Merchants bridge
made three specific conditions precedent
~
10 the secretary OF war taxing cnh'se VI
the bridge for the good of the public.
NO TECHNICAL VIOLATION.
.,a,,ts.. ,.-,,a- a,,,,ai,s..,,,
,ho hs"' eo''".'on i'' D'u'
with any other bridge He said no con-
solidatIon. AZ meant by the law. had taken
,I.o. H. a.r,,ad .orso,,d.,,o,, g.. r,aa,,
pa'e 1'e "'ni'eu e'"ooi''a''oh " ".a''
70 JOIN or un'te'-to the coming tosetnef
OF two companies in the formation Of a
VI ~ e'io' "
ohe coHpany ny inc othef' NO such coiloi-
ton. he cdntended, exists, or has existed.
In the second place, the law says there
shall be no pooling Of earnings. A pooling
OF earnings. he said. means common
fund. In which all share alike in the
proilis. ~ trafhc matters 1t means an
eauai uV,slon OF business carried: he
ciaiHed tbat not a particle OF evidence
had been set forth which proved such an
arrangement had been entered into be-
tween me two companies.
Inc tmrd Sonaition specihed IN the act
Merchants Bridge Company becoming a
director or manager IN any other bridge
company AT ~. IOulB. Judge Ockinson
contenced that no director In the Mer-
chants Bridge Company was a director
In the st Louis Terminal halfway As
ISOLATION, or ever had been. he thus made
sWeephS oen,hi VI tns auesaiioiis ao-
Vancea Dy the S'abe tbs au,nors unnten,e tho. ,,o
letter Of the law had moi been Violated
It was pointed out that in 1888. a year aft
er congress nad passed tne ac, authoriZ,
bridge which act also forbade the atock-
holders OF the Merchants bridge holding
stock In any other bridge over the MIS-
stnspn, shnt ~. ,m nroviso yss s,rcken n,, Tb,,s
they contended, Congress expressly au,
thorIzed the stockholders OF the Mer-
s eny other bridge. ~ ''N"'''''e'' ~
BTdge ge Company beeame ct
holders OF another bridge company. or vice
sersa...,on nesso. Of enough Of the Mernhya5ts ss
ggridae Company's stock TO control its
tusinersNwhich was not specificaIiy
te3nen maten wisbin M % the ISeannH Of the statute
had taken niace' '''
hlu f,dpe % dickinson claimed that every rail-
road Ips Entering ST. I.ouis-and any addi-
.oau . -, 53hat may enter haSy anm,I
righm. no roan, OIL ne sa''' "aS complaining
ot o,ar,, aisst,. TAT d,d mt think that ,b.
secreiary s LII, eiu 1ot rot ,nnh ohnnad ma. IL, a"e
questIon "n.tmer s.nnnahi. III nna aa,,fs
reasonaple ~ III, ~, ,nshon o.i ..d ~
PASSED upon Y him, ,,d nns Iad"t, 'na. IA y wns
u fnhtter 70 ~ ,,, ,,,, w TIT, ILL
state tomtneIce 1oinmS'i. r,,,nS l,,t is th Sues
ton, therefore, was ru'eu OUT or the near
Ing.
JEFFRIES MAKES ARGUMENT.
",' - ~. ~.
placing before Secretary Jaft IN iucid
manner what he understood to be the
facts In the case. He went somewhat into
the hHtory OF trhnc between 81. LOUIS
and East ST. Louis. Nineteen railroads.