The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-07
Senator Clark and e. H. Har-
riman May Be Prosecuted.
Southern Pacific-San Pedro
Agreement to Be PrObed.
TRUST LAW VIOLATED
Commerce Commission Has Lots
of Damaging Evidence.
Other Items of Interest to
Railway People.

Washington, May Great interest
has been excited here in what practical
ly amounted yesterday to a semiofficfaI
announcement that 1t was the intention
of the government to proceed against
Z H Hartman Of New York and for
n1er Senator W. A Clark of Montana
as viOIators of the Sherman antitrust
law The announcement in question
was based upon the fact that the inter-
state commerce commission has collect
ed evidence tending to show that the
Southern Pacific company and the San
Pedro, Los Angeles and Salt Lake Rail
road company from June 1S 1903, until
April Is, 1907, had been operating under
an agreement whereby both roads
guaranteed to maintain the same rates,
charges, classification and tariffs on
traffic which might have been made the
subject of competition between them
Additional information has been OBJ
tanned here which shows concIusiveIy
that the Union Pacific, a Hartman line,
as well as the Southern Pacific, worked
hand in hand with the San Pedro to the
prejudice of the shippers and the public
interest. Whereas the Southern Pacific
and the San Pedro maintained like
rates in order to stif1e competition, the
Union Pacific or the Oregon Short Line,
the keystone of the Hartman consoli-
Dalton, worked under a contract, the
first article of which read as follows:
said San Pedro company hereby
covenants and agrees to and with said
Short Line company that ii will not
hereafter during the term of its agree
msnt extend it's said main line of rail-
roads or any of its branch lines of rail-
road, nor construct or build any lines
Of railroad, nor assist or advise in the
building or construction Of any other
railroad than the said lines of railroad
northward from Salt Lake City, or
which may run into the territory north
ward Of the parallel of. Salt Lake City,
Utah.
By the making of this contract, out
of which grew the traffic agreement be-
tween the Southern Pacific and the San
Pedro Hartman hoped to stop for all
time competition for business from the
latter system Clark and Hartman first
fell out over rates exacted by the Har-
riman lines on ore shipped from the
Clark mines. Becoming fncensed over
the eshoId up rates that he was forced
to pay, Clark made up his mind to build
a road of his own He started IN and
was making progress when he came to
pass in the mountains. Ever alert and
onto the job, Hartman had secured con-
troll of the pass. It was then up to
Clark either to enter into intern1ina BILE
litigation with Hartman. make terms
with him or go to tremendous expense
in tunneIing the mountains. He made
terms in the form Of contracts and
agreements mutuaII- satisfactory to
both
Neither Mr.. Hartman nor Mr.. Clark
has been put upon the stand as witness
es. so far as the relations of the South
ern Pacific, the Union Pacific or the
Oregon Short Line with the San Pedro
are concerned. Senator Clark himself
has not appeared in the Hartman case
at all up to date. In the hearings on the
Pacific case, relating to the traffic phase
Of the Hartman inquiry, the San Pedro
was represented by J. Ross Clark,
brother of w A Clark. J. Ross Clark
did not appear to know much about the
San Pedro agreements with the COM
mon Southern Pacific or the oregon
Short Line His recollection as to sew
eral features of the transaction was
vague and hazy-