Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1908-05-05
CHARACTERZES It
MALICIOUS REPORT
Statement That Either of His
Clients Claimed Damages on
Account of Government Alleg-
atiOnS Is Utterly RldiCu-
lOus. He Says.

New York, May 5-James NJ. Beck
who as counsel for H. II. Rogers and
James Stillman, filed an answer at
Salt Lake yesterday in the Union Pa
cific merger suit, said today:
THE Associated Press dispatch
from Salt Lake was distinctly mis-
leading and at some points apparent
ly malicious. The statement that eth
er of my clients claimed damages by
reason of government allegations in
the merger suit is utterly ridiculous.
Some stupid reporter must have mis-
taken the prayer for dismissal with
costs, with which every lawyer in the
county is familiar, as a claim for
damages.
"The statement with reference to
the purchase of Santa Fe stock which
seemed to imply that either of my
clients had purchased a majority of
Atchison stock seems too absurd to
warrant even a denial"
The story to which Beck objects
was sent out by the Associated Press
yesterday and is as follows:
Salt Lake City, Utah, May 5.--H. H.
Rogers and James Stiilman named as
defendants with the Hartman and
other railroads in the so-called mer-
ger suit Of the government, filed
their answers in the federal court here
today, They, witly 2 ~ Itaf man
JACOB Seniff ana others, and the
Union Pacific Atchison, Topeka &
Santa Fe, Southern Pacific and other
railroads are charged with unlawful
conspiracy in attempting to gain con-
troll of other railroads and restrain
and control commerce between the
states. Mr.. Rogers makes a sweeping
denial of every allegation and de-
mandS that the case against him be
dismissed because he is not resident
of Utah district and therefore not
within the jurisdiction of the court.
He also asks that he be granted costs
and damages for injury to his char
acter by reason of the allegations
made against him.
He denies thai he Is or ever was
member of any body of men who at
tempted to gain control and restrain
commerce and traffic between the
states, or that he ever bought into
Atchison, Topeka and Santa Fe, and
any railroad to gain control. He ad-
mits that he bought heavily into the
Santa Fe and Union Pacific and says
that he did so purely as an invest
ment even though the purchase was
heavy enough in some cases to absorb
half the stock and there was not the
slightest intent to conspire or gain
control to an unlawful end. Mr.. Rog-
ers gives as his belief through infor-
nation and observation that no one
OF the defendants in the big merger
suit had any idea of creating a COM
bination for the unlawful control of
the Southern Pacific He denies ac-
quaintance with all deals made prior
to October s, 1901, the date he be-
came a director and before which
time the government claims that all
the attempts to gain control were
made. Since that time, Roberts AYERS
neither he, Hartman, Stillman, Kuhn
Frick or w. A. Clarke have made in
any way an effort TO get control Of th-
road. Similar admissions and denials
are made concerning the purchases Of
Union Pacific stock through Kuhn,
Loeb & Co, and the Oregon Short
Line.
James Stillman, whose answer was
also filed today, follows the lines laid
down by Mr.. Rogers, admitting in
vestments of money, but denying a
monOpolistic or other unlawful pur-
pose, Mr.. Stillman became a director
Of the Union Pacific December is.
1897.