New-York tribune., 1908-02-02
HARTMAN SUIT BEGUN
RILL FILED At SALT LAKE
Government Charges Restraint OF
Trade and Asks Injunction.

District Of Utah here to-day a petition. or bill
:, equity in which the United States is COM
rlsinant and the Union Pacific Railroad Com
-enx the Oregon Short Line Railroad Company.
,he Oregon Railroad and Navigation Company.
-he san Pedro Los Angeles & Salt Lake Rail
rad Company. the Atchison. Topeka & Santa
Fe Railway Company. the Southern Pacific
Company the Northern Pacific Railroad Com
-a-- the Great Northern Railway Company.
TIE Farmers Loan and Trust Company Edward
z Hartman, Jacob H. SchiT Otto H. Kahn.
James Stillrnan. Henry II. Rogers. Henry c.
Frick and William A Clark defendants
The petition seeks the dissolution Of the
called Hartman railroad system in the western
the attorneys for the government. represented
hv Co-denio A Severance. of ST Paul special
assistant the Attorney General prayed for
permission TO serve subpsnas on nonresident
Witnesses. formal motion which was allowed
b. Judge John Marshall
NJ Severance would venture opinion as to
TIE date when the issues will be Joined and the
sc-1al trial Of the begun The defendants.
al but three of whom live outside cf Utah are
entitled 70 twenty days from the date of service
r. answer IL service is made before March 1
-he answer should he handed in not later than
March 20 II service is not made until after
March they will have until April % TO answer
s.-r7- IT take whatever course OF action they
nay decide on
The three resident corporations are the Union
reriHr the oregon Short Line and the San
z,.5-o los Angeles & Salt Lake railroads. From
49,. - time these interests have obtained the
-..ssFe n bills by the Utah Legislature legaliz-
80. rs-.rrz tactical transportation moves the
legislature yielding without hesitation 10 the
.-s-,-,eD- that the railroads ''home in
dusr-y.
THE GOVERNMENTS COMPLAINT.
The bill sets forth in detail the agreements.
,,,--sc-s an6 operations by which the defend
g--z Hartman. Schif. Kahn. Stiliman. Rogers
z,~soz ard Clark at various times since January
I 1901 are alleged 10 have obtained for them
selves and others the management and control
NJ tie defendant roads their branches and
steamship lines. and to have operated them in
-ee--afnt Of trade and commerce, in violation Of
-he Sc OF Congress approved July ?. 1890. en-
titled An Rct 10 protect trade and commerce
szains- unlawful restraint and uon0polies."
The bill alleges combination and conspiracy
anong TIE deferendanus in derogation OF the
common rights of all the people Of the United
States and asks.
That the Individual defendants named and
their associate stockholders and each and every
person combining conspiring with them and
their trustees agents and assigns, present or
future BE- perpetually enjOined from doing any
and every act thing in fuytherance Of the
combination OF conspiracy or tending to carry
o1t the conspiracy described in this bill OF COM
plant intended tending to complete con-
troI partial control CT said competing lines OF
railway n the Union Pacific Railroad Company,
ne oregon Short Line Railroad Company the
oregon Railroad and Navigation Company, or
-haf- officers directors and executive commit
tees or IN the control legal practical. OF any
person or persons, association or corporations,
acting fu- nT in lieu Of said Union Pacific Rail
road Company or the Oregon Railroad and Nav
igsticn Company in carrying cut the unlawful
combination or conspiracy hereinbefore alleged
That each and all OF the acts and doings OF
said DEFENDANTS in pursuance Of said conspiracy
be decreed 70 be in violation Of the Act OF Con-
gTess approved July ?. 1880. emitted An ACT 10
Restraint and Nonopolies, and the acts amend
atory thereof and that a writ of injunction,
mandatory or otherwise. as may be necessary.
tssue out Of this court en1oinlng the said de-
PENDANTS. and commanding the said defendants,
their officers, directors, servants and agents. 70
desist in said unlawful acts. and that they and
each Of them and all and each Of their respec-
tive directors. officers, agents. servants. en-
ployes. an6 all persons acting under or through
them or either Of them. in their behalf. or
claiming so act be enjoined. restrained and
prohibited from entering into, taking part in or
performing any contract combination or con-
spgr5Cy. the purpose or effect Of which VIII oe as
10 said trade and commerce among the several
states and terrtcries-and with foreign nations TO
Restrain trade or 70 nonopolize and attempt to
tion of The provisions Of said acts Of Congress
AN INJUNCTION SOUGHT.
And ts= complainant. the United States Of
snerica p-ays for such other and further relief
TIE nature Of the case may require and the
GUT may deem proper in the premises: 10 the
enc, therefore that the United States of Amer
lca may obtain the relief 10 which il Is justly
entitled il the premises, may ii please your
ehonors 70 grant unto II WTits OF subpoena di-
Tected 70 the said defendants, the Union Pacific
Railroad Company, the oregon Short Line Rail
Tosd Company. the Oregon Railroad and NavIga-
lion Company. the San Pedro. Los Angeles &
set Lake Railroad Company, the Atchison, To-
peka & Santa Fe Railway Company. the Soutn-
e-n Pacific Company, the Northern Pacific Rail
road Company. the Great Northern Railway
Company. the Farmers Loan and Trust Com
pany. Edward H Hartman, Jacob ii Schf,
Ctto Z Kahn James Stillrnan. Henry H Rogers
Henrv e. Frick an1 william A Clark. and the
ooc0nsr'-7toTS whose names are UNKNOWN 10
ne complainant and such other names as may
become known 70 the complainant and the court
&c advised thereof, and TO each of them com
rsndtng them and each Of them 10 appear
he-elS and answer lbut not under oath) the
allegations contained IN the foregoing petition
sno ahl6e bv and perform such order or decree
ss the curt may make IN the premises ana
thst r@ndng the final hearing Of this case a
tsrnpCra-- restraining order and temporary writ
q Injunction may issue enJo1nlns the defeno-
ants an6 their associates. and each Of them, and
their stockholders directors officers, agents and
servants as h@-etnbefore prayed
The prayer respecting the Union Pacific Rail
rosd Company the Oregon Short Line Railroad
Company and the Oregon Railroad and Naviga-
fien Company substantially repeated in all ITS
trnpor1aEr particulars 10 all the other de-
fendant railroads and in each instance il is
ssked that tie defendant stockholders, officers
directors and agents be perpetually enjoined
tron voting such stock. whether by proxy or
aherRise. and from paying any dividends on
such stock to any Of the parties unless author