Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-04

yes.
Q.-And so ii connects with the steamship
company at New Orleans?
Witness in Doubt.
The witness was doubtful about that be-
ing fair assumption. but Mr.. Kellogg got
Mr.. Mllar finally to admit that the South
ern Pacific did practically control line
of communication from Portland. Ore to
New York city. The witness admitted that
the Southern Pacific controlled the Central
Pacific and line from Council BUNS 10
Denver and Ogden. He admitted that the
Union Pacific owned practically all the
stock of the Oregon Short Line and the
Oregon Railway and Navigation Company.
Q.-And all these four companies have
the same president, haven't they? Ayes.
Q.-E. II. Hartman? Ayes.
Mr.. Kellogg then went over all the names
of the four roads officers and proved that
Southern Pacific, the Union Pacific, the
Oregon Short Line and the Oregon. Railway
and Navigation Company.
Mr.. Kellogg submitted to the witness a
list of the directors of the Union Pacific
and the Southern Pacific companies for him
to Identify.
Lists of the executive committee of the
Union Pacific railroad and of the executive
committees of the Southern Pacific and the
two Oregon companies were shown to Mr..
Millar and he identified them, subject to
correction.
O. Prior to the acquiring of Southern Pa
cifc stock by the Union Pacific or Oregon
Short Line interests there were no direc-
tors in the Southern Pacific who were COM
mon directors in the Union Pacific?
A. l think not.
Acquired in 1901.
O. That stock was acquired by the Union
Pacific Its interests in March. 1901, was
II not?
A In the spring of 1901.
Q. Since that time the Union Pacific and
no 7 inc OF
Pacific stock have voted their stock at the
meetings of the Southern Pacific?
Kellogg then showed the witness, who
was exhibiting signs of restlessness, state
ment giving the names of the holders of
Southern Pacilc stock The amendment
agreed that 1t a correct statement.
@. According to this statement. the Union
Pacific owned 10000 shares in 1902?
A. Yes sir that Is correct.
The witness insisted that every question
by Mr.. Kellogg at the inquiry be stated
precisely, and on many occasions Mr.. Mill
burn had to answer for his client some
questions which the witness seemed over
cautious about.
Mr.. Kellogg introduced an official state
ment showing that since April s. 1903, the
Oregon Short Line and Union Pacific, by
proxie or in person, through their officers.
voted majority of the stock at every an
nual meeting of the Southern Pacific Com
pany for the election of directors.
Since the Union Pacific or Oregon
Short Line acquired Southern Pacific, isn't
1t true that a majority of the directors of
the Southern Pacific also directors
of the Union Pacific? demanded Mr.. Kel-
logg.
A. Yes. with the exception of 1906.
.. l notice in the directors lists of 1906
the names of Robert Goelet and Robert w.
Goelet. Are they the same person?
y. No: cousins 1 believe
Mr.. Kellogg offered in evidence docu-
no hN--1 Of oil tha
companies under investigation.
Q.-"The Southern Pacific had the annual
meeting of its stockholders in April, didn't
1t?"
Ayes sir
Q.-"When did the Southern Pacific books
close for its annual meeting?'
A.-"No fixed time; about thirty days be-
fore the meeting.
$50 as to give you, as secretary
opportunity to place on record the names
of the stockholders on that day that they
may vote in the annual meeting?"
A.-''Yes, sir
Methods to Get Proxies.
Mr. Kellogg then Intercepted the witness
rs to the methods employed by the Union
Pacific in getting the proxies for the South
ern Pacific stock. The witness was asked
If it was not true that the names printed
on the proxies sent out to the shareholders
were not always the names of persons con-
nected with the Union Pacific Company MIR.
Kellogg showed the witness proxy which
bore the names of President Hartman and
Vice President Cornish of the Union Pacific.
The witness conceded that the stock books
of the Southern Pacific Company were in
the custody of the Union Pacific Company
at their offices, 100 Broadway, and that no
one else had access to them.
The witness was requested to identify the
lists of the Southern Pacific Companys
shareholders for 1906
Q. 1t Is not usual to have full vote of
the Southern Pacific shareholders, is 1t!
\. No, sir.
O 1t is only in those companies in which
the Union Pacific owns all the stock that
you have "a full vote; isn't that true?
\. Yes, sir
G. OF company whose stock is on the
market not more than two-thirds of the
stock is ever voted at annual meeting
is it?
A. Usually not more than that.
Mr.. AIilar would not admit, but John G.
Mlburn admitted for him. that the Oregon
Short Line Company had for the last few
Years voted the majority of the entire stock
voted at the Southern Pacific annual meet
ings.
Did Not Remember.
Q. Who gave you the names of the per-
sons to put in the proxies which you sent
out to the Southern Pacific stockholders?
A l really don't remember.
Q. Mr., Hartman?
\. ] don't think so.
q. Mr.. Cornish?
Q.-Who selected the directors for the
Southern Pacific?
Al not in position to know
Dwell, you know that one occasion
at least the Union Pacific selected the
Southern Pacitics directors, don't you
Ayes
Q.-And on how many other occasions did
the Union Pacific select directors for the
Southern Pacific Company.
Al don't know.
Q.-Who designated from year to year the
directors the Southern Pacifcs stockhold-
were to vote FIR?
Al don't know.
Chose Their Own Committee.
Q-''Who designated the Southern Pa
cific board OF directors executive commit
tee, which committee had all the powers of
the full board of directors when that board
was not I'm session.
Al suppose the Southern Pacific's
aboard of directors chose their own executive
committee
certified copy of the resolutions adopted
by the Union Pacific's board of directors,
authorizing the acquisition of the stock of
the oregon Short Line and the Oregon
al M .l-ioa