Waterbury evening Democrat., 1908-01-06
NOT SURE FO WINNING.
Special Attorney Kellogg Comments
 on the Hartman Suit.

Washington, D. C., Jan. 6.-''It will be law suit. MT President. That is all. at this time. that properly can be said of it. We may win and we may lose."
 This was the statement of Frank B. Kellogg, special attorney for the United States, to President Roosevelt respecting the proposed prosecution by the government of the so-called Hartman lines because of the alleg- ed combination of the Union Pacific and Southern Pacific railroads.
 The subject has been under con- sideration by the government ever since the report of its investigation of the Hartman system was submit ted by the inter state commerce con- mission. For several months, Attor- ney General Bonaparte has been study ing the evidence adduced by the con- mission in its inquiry. He has about concluded his own investigation of the matter. While suit by the gov ernment, similar in general charac- ter to the prosecution in the North ern Securities case, is in prospect, it can be said that it absolutely has not been determined upon at this time.
 The administration realizes, as Mir Kellogg expressed it, that the pro- ceeding, if instituted, will be merely "a law suit" the issue of which will be somewhat problematical. In other words, the government has no dead open-and-shut" case, but will have to fight every inch of the ground up to the supreme court of the United States.
 The operation of the Union Pacific and the Southern Pacific is not iden- tical, although practical control of the latter is held by the former. If the government should institute its suit, it will maintain that the com bination of the two lines is in restraint of trade. This point. it is suggested by a student of the situation, will be difficult to maintain. because the two lines practically are thousand miles apart and, except as to the western ends, touch an entirely different ter ritory. In the east the Soutaern Pa cific gets it's traffic from what is known as the Trunk line territory and the Union Pacific gets it's traffic from the Central Pacific territory. The two territories are wholly dis tinct. There could scarcely be any competition. 1t is maintained, be- tween the two.
 From Ogen, Utah. to the Pacific ocean. a distance of about $40 niles, the Union Pacific uses the Southern Pacific's tracks. When Mir Hartman acquired interest in the Southern Pa cific. he was confronted with the ne- cessity of obtaining a western outlet to the Pacific. He had the choice of building q new line or of purchasing A control of the Southern Pacific. He chose the latter course.
 Tn view of this situation. the govern ment is hesitating whether to begin an action against the Hartman system for alleged unlawful combination. par ticularly as such an action against the Hartman lines logically would neces- sitate a similar action aga.lst the New York Central for it's control, or owner shin of stock in the Lake Shore and Michigan Central lines and against the Pennsylvania for it's control ot two competing lines from Pittsburg to Chicago. All of such actions would be of disturbing nature. without any practical results in view in the event the government succeeded in main taining it's cases in the courts.
 The president and the attorney gen eral are considering the subject with great care and their final determina- tion will be awaited with anxious i'm terest.