Omaha daily bee., 1908-02-02
\ man, Schif, Kahn and Frick
- Among Defendants.
TRY TO MOEOPoLzE TRAFFIC
Allegation that Lines Named Are
Violating Sherman Act.
ACTION BROUGHT IN SALT LAKE
SubpOenas VIII Probably BE served
by March I and Defendants Have
Twenty Days to Auswer-Proh-
able Time of Hearing.

SALT LAKE CITY. Utah. Feb. L-United
States Attorney Hiram E. Booth, acting
under the direction Of the attorney general.
today filed in the circuit court Of the United
States for the district of Utah. sitting at
Salt Lake City. petition or bill in equity
in which the United States is made COM
plainant and the Union Pacific Railroad
company, the Oregon Short Line Railroad
company, the Oregon Railroad and Naviga-
ton company, the San Pedro. Los Angeles
& Salt Lake Railroad company. the Atchi-
son. Topeka g. Santa Fe Railroad COM
pany, the Southern Pacific company the
Northern Pacific Railway company, Great
Northern Railway company, Farmers
Loan and Trust company. Edward H. Har-
riman. Jacob II. Sehiff. Otto II. Kahn.
James Stillman. Henry H. Rogers, Henry
c. Frick and William A. Clark. defendants
! The bill sets out in detail the several
agreements. contracts and operations by
which the several defendants. Hartman.
Schiff Kahn. stillman. Rogers. Frick and
/ Clark. at various times since January l.
1901. are alleged to have secured for them
selves and others the management and
| control OF the various defendant roads
/ their branches and steamship lines and TO
have ever since operated them in restraint
/ Of trade and commerce among the states
/ and with foreign nations. in violation OF
/ the act Of congress-. approved July 2. 1880
entitled AN act to protect trade and COM
/ merce against unlawful restraint and
| monopolies'
DerOEatiOu of Peoples Rights.
( The bill alleges combination and con-
/ spiracy among the defendants in deroga-
/ ton Of the common rights OF all the peO-
! pie of the United States and asks:
That the individual defendants named
and their associate stockholders, and each
I and every person combining or conspiring
I with them and their trustees, agents and
assigns. present or future. be perpeIuaIly
enioined from doing any and every act of
I thing in furtherance OF the combination or
conspiracy tending to carry out the
I conspiracy described in this bill of com
I plaint. or intended tending To COM
| pleta control or partial control OF said
| comFsting lines of railway by the Onion
/ Pacific Railroad company. the Oregon
Short Line Railroad comDaT ny, or the elfH-
gen Railroad and Navigai IN company, or
! their officers. directors. and executive conn
s ilIlees, OF IN the cohtroi, Iegai or practicaI
/ acting for or In lieu OF 50 Union Pacific
I Kalroad company. or the Oreson Short Line
\ Railroad company, or the Oregon Railroad
and Navigation company. in carrying out
! of the unlawful combination or conspiracy
herenbefore alleged.
That each and an of the acts and doings
OF said defendants In pursuance OF said
conspiracy be decreed to be in violation OF
TIE act OF tohAItsas approved july =. lheNA.
entitled AN act to. project trade and com
1 merce against unlawful restraint and
I monopOles.' and the acts amendatory
thereof and that writ Of Injunction,
mandatory or otherwise. as may be neces-
: sary, issue out Of this court en- joining the
said defendants and commanding the said
defendants. their officers. directors. serv-
ants and agents. TO desist in said unlawful
acts. and that they and each of them. and
ali and each OF their respective directors.
officers, agents. servants employees and ali
/ persons acting under or through them. or
either OF them. or in their behalf. or claim
ing 50 10 act. be enioined restrained and
prohibited from entering into. taking part
in, or performing any contract. combina-
tion. conspiracy. the purpose or effect
OF which will be as to said trade and
commerce among the several states and
territories and with foreign nations, to re-
strain trade or TO monOpolize and attempt
TO monOpolize said trade and commerce. In
violation of the provisions OF said act of
congress.
subDoenas for Owners.
.And the complainant. the United States
oA America. prays for such other and fur
ther relief as the nature OF the case may
require and the court may deem proper
In the premises; 70 the end. therefore that
the United States of America may obtain
the relief to which il is justly entitled in
the premises. may il please your honors To
grant unto il writs OF subpOenaes directed
to the said defendants: Union Pacific Rail-
road company, Oregon Short Line Railroad
company, oregon Railroad and Navigation
company san Pedro, Los Angeles q Salt
Lake Railroad company. Atclison. Topeka
& Santa Fe Railway company, Southern
Pacific company. Northern Pacific Rail-
road company Great Northern Railway
company. Farmers Loan ana Trust com
pany. Edward II. Hartman. Jacob II
schift, otto ". Kahn. James Stillman.
Henry H. Rogers Henry c. Frick and
William A Clark and the cO-consuirators
whose names are unknown to the com
plainanL and such other names as NAV be-
come known to the complainant and the
court be advised thereof and 10 each OF
them, commanding them and each OF them
70 appear herein and answer tbllt not under
OATH the allegations contained in the fore
going petition. and abide by and perform
such order or decree as the court may
make in the premises; and that pending
the final hearing OF this case a temporary
Injunction may issue enioining the de-
fendants and their associates and each
OF them, and their stockholders directors
0ftlcers, agents and servants, as herein
before prayed.
same for All Roads.
The prayer 10 the court respecting the
uui6n Pacific Railroad company, the ore
son Short Line Railroad company. the
Oregon Railroad and Navigation company
is substantially repeated in an It's i'm
poTtant particulars as to an OF the other
defendant railroads named In the title OF
the case. and i'm each instance the de-
fendant stockholders. officers directors
and agents are asked to be perpetually en-
joined from voting such stock either by
. pthA1 OF oAlAetMlers ana from paying
dividends upon such stock 70 anv OF the
parties unless authorized by the court and
from recognizing valid any transfer
mortgage. pledge. or assignment OF the
stock OF the defendant roads unless
authorized By the court.
The bill is signed by Hiram z. Booth
attorney for the United States for the dis
trict OF Utah; Charles ]. BOnaparte. at
torney general OF the United States: Milton
D. Purdy. assistant To the attorney gen
eral; Frank B. Kellogg and c. A. Sever
anoe. special assistants to the attorney
general Of the United States.
Probable Time of HearinE.
AT the same time that the dissolution
Of the so-called Hartman railroad system
In the western part of the United States.
was filed In the Cnited states district
court for Utah today. the attorneys for the
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