The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-07-19
PUNISH
HARTMAN
INTERSTATE COMMERCE CON-
MISSIONS REPORT BLAzES
THE WAY.
UNDER The ACT OF 1894
Decision Of U. S. Supreme Court Is
Given as Precedent-Mereer Of
Union Pacific and Central Pa
cifc Roads Criminal.

Washington-The interstate com-
merce commission points out a
plain and direct method by which
Edward H. Hartman can be placed In
prison for merging the Union and Cen
trail Pacific railroads.
The act of 1884 is pointed out as the
proper statute under which Mr.. Harri-
man may be criminally reached. The
decision of the United States supreme
court is given as a precedent. There
is no recommendation that prosecu-
ton be instituted, as the department
of justice is supposed to take action
in such matters.
The clear path to criminal prosecu.
ton of Mr.. Hartman is buried in the
long report submitted to the president
by the interstate m commits
sion, and has been generally over
looked.
1t is contained in the following par
agraphs under the caption of "Consid-
erations of National Policy"
at is a matter Of large significance
that our trade relations with the newly
acquired territory Of Hawaii and Il
Philippine dependencies, to say moth
ing whatever of the newly awakened
lands on the other side of the Pacific
ocean, must depend to no slight degree
upon the competitive relations be-
tween rail carriers reaching our Pa
ciic coast ports.
There Is a further consideration of
national policy arising out of the his
tory of the Union Pacifc-the Central
Pacific and the Southern Pacific roads
which distinguishes a combination of
such roads. The Union Pacific and
the Central Pacific were born out Of
national sentiment and need. The ma
ton felt the necessity for rail connec-
ton to It's isolated Pacific coast terri
tory, and for this purpose, and to an
unprecedented degree, pledged its own
credit and donated its own lands to
create a national highway between the
Missouri river and the Bay of San
Francisco. In every statute passed by
congress affecting these two roads
there is to be found proof of the ex-
istence of such policy. They were to
be built toward each other-one from
the east and the other from the west
and were to form one continuous
line, which was to remain for all time
available to the business and govern
mental necessities of our people.
Can Be Imprisoned.
"Under the act of June 20, 1874:
ANY officer or agent of the companies
Central Pacific, Western Pacific,
Union Pacific, Kansas City & Denver
Pacifc) authorized t. construct the
aforesaid roads, or of any company
engaged in operating either of said
roads, who shall refuse to operate and
use the road or telegraph under his
control or which he Is engaged In op-
Grating for all purposes of communica-
ton, travel and transportation, so far
as the public and the government are
concerned, as one continuous line, or
| shall refuse in such operation and use
to afford and secure to each of said
roads equal advantages and facilities
as to rates, time and transportation
| Wll1OuI any uiSCl illildtlOu VI ally hluu
in favor of or adverse to the road or
business of any or either or said COM
panies. is deemed guilty of a misde-
can and punishable by fine not ex-
ceeding $1,000, and by Imprisonment
of not less than six months.
"The fact that the Union Pacific
and Central Pacific companies were
thereafter separately r~eorganized nm
der the laws of Utah and acquired
these lines does not relieve them from
the public organizations imposed by
the acts of congress-Union Pacific
Railroad Co. vs.. Mason City & Fort
Dodge Railroad Co., 1879, u. S. 169.
"The Union Pacific was, therefore,
forever guaranteed without, purchase
and a connection with the Central Pa
ciic upon terms as favorable as might
be given to any other connection"