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

tive business the said San Pedro, Los
Angeles & Salt Lake Railroad company
should adopt the tariffs and schedules
| of said Southern Pacific company, and
| that the same should not be at any time
| changed without the consent of both par
| ties to said agreement during the period
| of ninety-nine years thereafter; and GER
| tain other contracts were made by which
said Oregon Short Line Railroad COM
pany and said San Pedro. Los Angeles d
Salt Lake Railroad company, respective
| ly, bound themselves for a like period of
ninety-nine years that they would not
| build or assist in building any lines of
| railway into the respective territories
served by said companies; that is to say,
| that the San Pedro. Los Angeles & Salt
| Lake Railroad company would not con-
| Struct any lines of railway north of the
PARALLEL OF Salt Lake City, ltah, ana
the Oregon Short Line Railway company
! would not construct any lines south of
the parallel of Salt Lake City. Utah. OK
cept by common consent; it was further
| agreed between said union Pacific Rail-
| road company and said San Pedro, Los
| Angeles & Salt Lake Railroad company
that the said Union Pacific Railroad COM
pany should have the right to make and
| establish through rates on all joint BUSH
ness between points reached over the lines
of said Union Pacific Railroad company
and points IN Utah on the said San
Pedro. Los Angeles G. Salt Lake Rail-
road company: and in many and divers
other ways the said San Pedro, Los An
geles & Salt Lake Railroad company
| surrendered the control or SAID company
and the management of its affairs to the
said Hartman and his associates, In
Guiding said Union Pacific Railroad COM
pany and said Oregon Short Line Rail-
road company.
| That the said conspirators caused to-
tai issue of $25,0dO.J00 par value of stock
of said San Pedro, Los Angeles & Salt
| Lake Railroad company TO be made and
the same was divided in equal parts be-
tween the said Clark. representing him
self and his associates. and the said Har-
riman. representing said Oregon Short
Line Railroad company; and said stock
was. with the exception of the shares nee
essary to qualify the directors of said
San Pedro. Los Angeles & Salt Lake
Railroad company, placed in the names
of said defendant Hartman and Clark,
respectively, and by them transferred to
and deposited with the Farmers Loan &
Trust company, corporation of the
state of New York, as trustee, under an
agreement by which said trust company
should hold and vote the same at all
stockholders meetings for long term
of years. in such manner as said COM
pany might be directed by said Clark and
J Hartman a true and correct copy OF
J which agreement is hereto attached
marked Exhibit B." and made a part
hereof, as fully as though herein sci
forth at length;
! That each and all of the acts hereinbe.
) fore last described were done pursuant
to said original conspiracy to suppress
! competition and procure monopoly Of
:, the transportation business Throughout
the territory hereinbefore described, il
2 which conspiracy the said Clark Joined
and to which he united himself as above
3 set forth;
1 That i'm pursuance of the said combina
ton, confederation and conspiracy tn,
: said lines of railroad so owned and oper
: atRd by said San Pedro. Los Angeles &
Salt Lake Railroad company are in al
respects managed operated and con-
trolled the said conspirators; and their
l is not. and can not be, while such coptro
=
between the said San Pedro. Los Angelo
& Salt Lake Railroad company and sal.
| Southern Pacific company, or the othC
lines of railway owned or controlled b.
d said Union Pacific Railroad company ant
said Hartman and his associates, a
; hereinbefOre alleged.
: VII
e Complainant further AYERS that pur
: suant to the said conspiracy to restrain
d trade and commerce among the severa
: states and with foreign nations, and 4
: monopolize and attempt to monopoliz,
s such trade and commerce, and to unlaw
/. fully restrain and prevent competition
d among said railway systems, the said de
= | PENDANTS Hartman. Schiff. Kahn, Still
d man, Rogers and Frick did, in or abOu
: the early part of the year 1904, make larg
t purchases of stock of the said AtchiSon
t, Topeka & Santa Fe Railway company
s aggregating, as complainant is informe
l. and believes, at least $3O000,000 par valu
, of said stock, and after making said puT
l. chases the said defendants Schiff Harri
d man and Prick demanded of the official
: of the said Atchison, Topeka & Santa F
n Railway company, who held the proxie
: fof the holders of a majority of the stoc
Y of said company, that certain of sal
i parties so engaged in said conspirac
l. should be chosen and elected as director
= of said Atchison, Topeka Santa F
= Railway company; that pursuant to sal
? demand, and by reason of the fact tina
10 under the cumulative system of Votin
l. which was provided for in the charter G
| EQid fhp Of =
Il amount OF stock so controlled
said defendants Schiff, Hartman
e Kahn, Stillman; Rogers and Eric
d would have been able to cleo
S, two directors of said company, the sal
'e officials consented and agreed that sal
N defendants Rogers and Frick. who ha
= united themselves with the said conspil
=, acy so originally made by said Hartman
l. Schiff Kahn and Stillman, and the var
Is Gus railway companies hereinbefore mer
=, toned. might be elected as directors
= said AtchiSon, Topeka & Santa LIE Raj
ID way company. and during the said yea
n 1904 the said defendants Frick and Ros
N ers were SO elected as directors of sal
lie Atchison, Topeka & Santa Fe Railwa
re company. and have since served and al
RI still serving as such directors. and ths
Is by means thereof the said Union Pacif
" Railroad company. of which said Roger
)f and hrick are, and duringt all said time
1t have been, directors. and in which the
W are largely interested, has had knowlede
lie of the affairs and business of said Atch
son, Topeka * Santa Fe Railway con
d pany.
hi That in the summer of 1906 for the pui
r pose of making more certain and effe,
}y tive the restraint of trade and eliIpins
n ton of competition and the monopoliz;
Ia tion of commerce hereinbefore referre
r to. the said Hartman and his co-conspir;
Of tors, including said Union Pacific Raj
&c road company, caused to be purchase
es by said Union Pacific Railroad compan
10 O.000, 600 par value of the stock of sa
an Atchison, Topeka & Santa Fe Raiwa
10 company, and said Union Pacific Railroa
~ company is still the cwner and hold
IN thereof, as complainant is informed al
~ believes;
m That pursuant to said partial control
al said Atchison, Topeka & Santa Fe Raj
ee way company SO obtained by said HarT
- man and his associates, including sa
:, Union Pacific Railroad company, comp
= tition between the system of railways
a controlled by said Union Pacific Railros
y, company and said AtchisoD, Topeka
' Santa Fe Railway company. has to
- large extent been eliminated; that Il
= said conspirators have caused the sa
- Southern Pacific company to abandC
- certain extensions. improvements and a.
ne ditions to their said interstate Tailws
~ in the state of California, and the sa
u. Atehison. Topeka & Santa Fe Railw5
"a | company has been in the same mann
~ caused and induced to abandon exte