The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-02

cross the continent between those of
the Southern Pacific company and the
Union Pacific Railroad company, and
until the construction of the San Pc
dro, Los Angeles & Salt Lake rail-
road, hereinafter referred TO, CONSTITUTE
ed the only outlet to the east by rail
from all the territory along the Pacific
coast south of Portland, Ore, to the
Mexican border, other than the lines
of said Union Pacific Railway compa-
ny and said Southern Pacific company.
That the said Atchison, Topeka &
Santa Fe Railway company was for a
number of years engaged in operating
a line of steamships TO Oriental ports
from said port of San Diego, Cal, and
said line of ships, with its rail con-
nections by way of the tracks of said
Atchison. Topeka & Santa Fe Railway
company, was in active competition
with the steamship and rail lines of
said Union Pacific Railroad company
and the Southern Pacific company here
| inbefofe described;
That the traffic that was so COMPETE
tive between said Southern Pacific and
Union Pacific and said Atchison, To-
peka & Santa Fe was and is of great
volume, both passenger and freight;
That the Northern Pacific Railway
company and the Great Northern Rail-
way company are each the owners of
lines of railway extending from ports
upon Lake Superior in the states of
Wisconsin and Minnesota, and from the
city of st. Paul in the state of Mime
sofa, through and across the states of
Minnesota, North Dakota, Montana,
Idaho, Washington and oregon, and
said railroad corporations are the joint
owners of substantially all the stock
and are in control of the Chicago, Bur-
! lington e, Quincy Railroad company. a
corporation which is the owner of a
vast system of rail lines connecting
with the lines of the Northern Pacific
Railway company at Billings, Mont,
and at st. Paul, and with the lines of
the Great Northern Railway company
at st. Paul. running thence to the cit
les of Chicago, St. Louis, Mo, Kan
sas City, Denver and Omaha, Neb..
and crossing portions of the states of
Minnesota, South Dakota, Iowa, Illi-
nois, Wisconsin, Missouri. Nebraska,
Kansas, Colorado and Wyoming, and
the lines of said Northern Pacific Rail-
way company and said Chicago, Bur-
lington & Quincy Railroad company
are and have by the supreme court of
the United States been held to be COM
petitive with the lines of the said I'm
ion Pacific Railroad company for a
large amount of traffic both passenger
and freight;
That as to an extensive traffic be
tween various points in the eastern and
central states and the Pacific coast
and the Orient the said Northern Pa
cific and Great Northern Railway COM
panies, together with their connections
and the steamship lines controlled by
them, are and at all times have been
competitors for business with said I'm
ion Pacific Railroad company and its
connections so owned by it.
That the said San Pedro, Los Angeles
! & Salt Lake Railroad company is. the
owner of a line of railroad extending
! from San Pedro, a port on the Pacific
| ocean in the state of California, thence
| by way of Los Angeles through the
states of California, Nevada and Utah
to the city of Salt Lake in said state
of Utah.
That a large part of said line is con-
| trolled by said corporation by direct
ownership and a small portion
| thereof in southern California
| by lease, but the same consti-
tutes a continuous line between said
points, and the same would have been,
but for the suppression of competition
hereinafter alleged, at all times since
| its construction by reason of its lOca-
7
gon Short Line Railroad company at
Salt Lake City and its connection with
the lines of the Denver & Rio Grande
Railway company at the same place,
which latter company owns line OF
railway from Salt Lake City to Den
YER. a competitor with said Southern
Pacic company and said Union Pacific
Railroad company.
".
That in the spring of 1901 the said
defendants. Edward Fl. Hartman, ia
cob H. Schiff, Otto II. Kahn, James
Stillman. and the defendant Union Pa
eific Railroad company. cOntriving and
/ intending unlawfully to restrain the
trade and commerce among the several
states and between said states and for
eign countries carried on by said Union
| Pacific Railroad company, said South
| ern Pacific company. and said other
! competing lines of railway and steam
ships. as hereinbefOre alleged, and con-
! irving and intending unlawfully to
mOnOpolize and attempt to mOnopOliZe
| such trade and commerce, and con-
| irving and intending unlawfully to re-
| strain and prevent competition among
said railway systems and steamship
| lines in respect to such interstate and
/ foreign trade and commerce. and con-
| irving and intending unlawfully 10
deprive the public of the facilities and
advantages i'm the carrying on of such
! interstate and foreign trade and COM
merce heretofore enjoyed through the
| Independent competition of said rail-
way systems and steamship lines. I'M
! lawfully entered into a combination OF
conspiracy 10 effect a virtual or sub
stantial consolidation of said Union
Pacific Railroad company and said
other transcOntinental railway compa-
MES and said steamship lines, and to
place restraint upon AL competitive in
terstate and foreign trade and COM
merce carried on by them, and to mo-
nopoize and attempt to monOpolize
the same, and to suppress the COMPETE
ton heretofore existing between the
| same in said interstate and foreign
trade and commerce through their in
strumentality and by the means fol-
lowing, tO-wit:
That said firm of Kuhn, Loeb & Co.
acting through said defendants Schiff
and Kahn, and with the assistance of
said defendant Hartman, acquired
$50 900 shares of the stock of said
Southern Pacific company. of the par
value of SIS, 900, 000 out of a total issue
then outstanding of $197 S47, 1888. which
said stock was acquired for the pur-
pose of turning the same over to said
INT Do