The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-01-17
HARTMAN GETS
CRUSHING BLOW

nearly s1jO.OOO,OOO Of the stocks Of
other corporations.
Are we to leave the great Western
territory Of the United States depend
ant upon one man? Is there to be
no railroad competition between the
Missouri river and the Pacific coast?
Is Congress impOtent to prevent a
group of men from controlling all the
railroads Of the United States through
the medium Of stock ownership or di-
rectors?"
These and other vital questions were
put to the court by Frank d. Kellogg
who asked the questions which Har-
riman refused to answer when before
the Interstate Commerce Commission
early in the year.
The charge that there had been
stockjobbing in the Union Pacific
transactions was openly made by
United States District Attorney Henry
l.. Stimson, who opened for the Gov
eminent
He declared the misdeeds Of railroad
directors, more than anything else.
has tended to bring American securi-
ties into disrepute the world over. TO
the immoral and improper transac-
tions of directors he laid the respon-
sibility for the dangerous position in
which the railroads now find them
selves. Supporting his contention that
the commission had the right to ques-
ton these alleged private" transac-
lions, Simson cited the coal trust in
vestigation brought about by William
X. Hearst In this long and success
full battle contracts with which the
railroads had no direct connection
were allowed in evidence and furnish
ed precedent for the questions asked
Hartman.
To the defense OF Hartman came
John G. Millburn, formerly of Buffalo.
with spirited attack on the authority
of the Interstate Commerce Commits
sion. He asserted the Union Pacific's
legal right to purchase the stock OF
other railroads and Harriman's right
to sell. Then he folded the little rail-
roader into the Constitution of the
United States, tying him up securely
with the fundamental right OF an indi-
vidual to be protected in his liberty.
THE Interstate Commerce Commits
sion is only given power to enforce the
provisions Of the acts which are set
forth" summed up Millburn. "You
can hitch the Lusitania to It and you
cannot drag it into any other realm.
1t is not judicial body, nor has il a
rowing commission to reform the uni
verse"
Today's hearing presented the IN.
usual situation OF a former United
States Senator-JOhn G. Spooner OF
MISUNDERSTANDING an Interpretation
OF the Interstate Commerce Act which
ne helped to enact.
There is no question OF the consti-
nationality Of the Interstate Commerce
Act involved In this case" declared
Spooner. IF such a question had
arisen, / would not be here, inasmuch
as l had a part in framing the act
1t Is question Of its construction that
we contend for; a construction of It
which will eliminate all doubt I'm re-
spect to the power of the commission"
The argument occupied seven hours
and half, Judge Hough continuing
the session until $3.50 tonight. He
announced on leaving the court room
that 1t was not likely he could reach
a decision before December LIST. The
opposing counsel nave the privilege OF
ming additional briefs during the next
two weeks.
me courtroom was crowded almost
TO suHocation by persons curious to
see the big trust busters" and the at
torneys behind the railroads in action
MI Hartman was not present, being
represented by his personal counsel
former Judge r, 8. Lovett