The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-05
HARTMAN MERGER ON TRIAL
INTERSTATE COMMERCE 90 uWTs-
SION TO HOLD ENQUIRY.
U Evidence Of Operation In Restraint OF
Trade Develops the Government May
Prosecute Outside Counsel 70 he
Employed The President Interested.

WASHINGTON, Dec. 4.-The Hartman
consolidation OF railroads, alleged to be a
combination in restraint OF trade, il to be
made the subject of an investi CATION by the
Interstate Commerce Commission In con-
neotion with a decision just reached. An
nouncement to this effect will be made at
the offices of the commission in Washing
ton the latter part OF the week.
All that remains to be done in advance Of
the beginning OF the inquiry IL for the
commission to Diet along what lines
it shall proceed and to make a selection of
expert counsel to take charge Of the work.
The final details Of the order 10 be Issued
will be completed by Thursday or Friday
and the intentions OF the commission will
then be fully disclosed. At the same time
the name Of special counsel engaged will
be given to the public.
The commission has under considera-
ton the names ofseveral well known lawyers
who are believed to be capable OF under
taking the task Of inquiring into the opera
lions of the so-cslled Hartman ines
Among these are understood to be Francis
J.. Heney Of California, who performed
brilliant service for Secretary Of the In
terror Hitchcock in the prosecution Of land
grafters.
The lnterstat Commerce Commission
Of course, has nothing to do with the en-
forcemept OF the Sherman antitrust act
under the terms Of which the North ern
Securities merger was dissolved by a decree
OF the United States Supreme Court as a
combination in restraint Of trade. But
the commission has authority. under the
interstate act, 10 inquire into
The manaRement OF the business of all
common carriers, and is further directed
to keep itself informed ss to the manner
and method in which such management
ia conducted.
The commission investigation Of the
Northern Securities q few years ago revealed
the evidence on which we're based the pro-
ceedings in the courts by the Attorney
General, resulting in the dissolution Of that
gigantic combination.
Some doubt has been expressed in WASH
ington il the Hartman lines can be reached
by the Governm ent under the sherman
antitrust act in view OF b fact that no
one Of them runs parallel TO any other.
This point. however, is not important to the
Interstate Commerce Commission. Under
the general powers given that body the
commission will seek in this instance TO
get information as to the purpose and mode
OF operation Of the managers Of the So
called Hartman liner, together with the
effects of the consolidation upon Interstate
commerce and the rates prevailing in the
territory through which the Hartman
ines run.
The inquiry will be undertaken 10 deter
mine whether the combination or its method
of association Of various roads is in violation
OF the terms of the interstate commerce
act. Out of this investigation may possi-
bly, grow a suit by the Government to re-
strain the Hartman lines from operating in
restraint of trade.
The suggestion was made to-day by a
member of the commission that while the
Hartman roads may not be combined for
the reasons that actuated the merger Of the
Hill roads. possibly they may be working
under what j. known as "gentleinen'S
agreement" with certain Of their com
p%etitors.
There il good reason TO believe that the
President is advised a. to the intention of
the commission 1t is said the evidence
taken in Omaha in the case involving the
Union Pacific. a Hartman road. in conneC-
tion with the coal land frauds in Wyoming.
has been submitted 10 him and that he has
expressed great interest in il.