Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1908-01-11
1T WILL Be A LAW SUIT
Statement Of Special Attorney
Kellogg to the President,
PROSECUTIONS HALTED
The Government Has No Dead-open
ane-shut case--Flsht on
Hartman.

hartman.
Washington. Jan a-Ig viii be a
law suit Mr Prssidsne. That Il ali, at
this time, thar probably can Be said Of
it. We may win ana Vie may lose
That was the statement Of Frank b.
.Kenogg. special attorney for the Uni.
ted States to President Roosevelt
respecting the proposed prosecution by
the government OF The so.callea Har-
riman lines because of the alleged com
bination OF the Union Pacific and
Southern Pacific railroads.
The subject has been under consid.
GRAFTON BY the government ever since
the report Of its investigation or the
Hartman sytsem WIS submitted BY
the inter tate commerce commission.
For several month. Attorney General
Bonaparte has been studying the evil
denee adduced by the commission in
its inquiry. He has about concluded
his own investigation Of the matter.
While a suit by the government, sim
iliar in general character to the pros
ecution in the Northern securities
cases is in prospect, it can be said
that 1t absolutely has not been deter
mined upon at this time
The administration realizes. as Mr.,
Kellogg expressed it, that the pro-
ceeding, if instituted, will be merely
"a lawsuit the issue OF which will
be somewhat prob emstical In other
words, the government has no dead
open-and-shut' case hut will have to
fight every inch Of the ground upto
the Supreme court Oh the United
States.
The operation OF the Union Pacific
and the Southern Pacific is not identi-
cal, although practical control OF the
latter is held by the former. If the
government should institute its suit,
it will maintain that the combination
of the two lines Is in in restrain of the
trade. This point. it is suggested by
student of the situation. will be diff
cult to maintain, because the two lines
practically are thousand miles apart
and, except as to the western ends,
touch an entirely different territory
In the East the Southern Pacific gets
its traffic from what Is known as
the trunk line territory and the Union
Pacific gets its traffic from the Cen
trail Pacific territory. The two territor-
les are wholly distinct. There could
scarcely be any competition, 1t is
maintained. between the two
From Ogden, Utah, to the Pacific
ocean-a distance of about 800 miles,
the Union Pacific uses the Southern
Pacifific's tracks When Mr.. Harri-
man acquired interest in the Southern
Pacific he was confronted with the
necessity of obtaining western out
let to the Pacific. Hesnad the choice
Of building a new line or of purchas-
ing control of the Southern Pacific.
He chose the latter course.
In view of this situation, the govern
ment is hesitating whether to begin
an action against the Hartman sys-
tenn for alleged unlawful combination,
particularly as such an action against
the Hartman lines logically would
necessitate a similar action against
the New York Central for its control
or ownership Of stock in the Lake
Shore and Minchigau Central lines
and against the Pennsylvania for its
control of two competing lines from
Pittsburg to Chicago All of such
actions wonld be disturbing ma
ture, without any practical results in
view in the event the government
succeeded in maintaining its cases in
the courts.
The President and Attorney General
are conidering the subject with great
care and theiE final determination will
be awaited with anxious interest