The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-04-07
FILE ANSWERS
IN RAILROAD
merger SUIT
Defendants Deny Conspiracy
charged Against Hartman
and Other Lines.
NORTHERN PACIFIC AND
GIT. NORTHERN DEFAULT
w. A. CLARK EXPLAINS CONTR O-
VERSY OVER NEVADA
RIGHT OF WAY.

Answers were filed yesterday in the
United States federal court by six of
the defendants III the suit in equity
brought by the government to dis
solve the alleged merger which the
government contends exists between
the Union Pacific. the Southern Pa
cific. the Oregon Short Line. the Ore
Eon Railroad & Navigation company,
the Atchison, Topeka & Santa F'e rail-
grOad, the San Pedro, Los Angeles <
Salt Lake Railway, the Great North
ern and the Northern Pacific. The
answers filed yesterday We're those of
the Union Pacific, the Oregon Short
Line and the Oregon Railroad d Navi-
cation company, W. A. Clark and the
San Pedro. Los Angeles & Salt Lake
railway. the Southern PaciEc railroad,
the Farmers Loan & Trust company,
Henry &. Frick and z. H. Hartman.
Each of the answers filed contains
a general denial to the charge of par
ticipation in any alleged merger or
conspiracy for the restraint of COM
petition and each declares that each
of the railroads is operated as an in
dividual corporation, for its individual
profit and not as a part of a merger.
The facts i'm the matters charged are
al
and the reasons that the defendants
give whereby the cases should be dis
missed are set forth in detail.
OF those charged with the participa-
, ton in the merger, six filed their an
swers yesterday: the Great Northern
and Northern Pacific defaulted, the
Atchison, Topeka & Santa Fe railroad
II. II. Rogers, James Sulhnan and QUO
II. Kahn secured an extension Of thirty
III, hni
and Jacob L. Schiff, who is IN Europe,
has not been served with a summons.
Nevada Route Controversy.
= The government now has thirty days
Aa which TO file replicatiOns 10 the an
ssger. after which the railroads Will
have another turn to answer the re-
plications. The actual taking of tes-
timony in the big MERGE suit VIII
probably not begin before several
months
One of the charges the government
has made in the complaint tiled against
the railroads is that when w. n Clark
was constructing the Salt Lake Route
through Nevada. Hartman. Schitf
Kahn, Stillman, the Union Pacific and
the Oregon Short Line, for the sole
purpose of restraining trade and com
Inerce among the states and with for
eign nations and monopolizing same
and of preventing competition between
said railroads in the process OF con-
struction for the purpose ol
sbarassing and 1njuring the said rail-
foad company (the Salt Lake Routel
and preventing the acquisition Of tht
necessary right-of-way for the same
brought various suits i'm The courts
put large gangs of men at work L
interfere with and prevent the con-
struction of the said line; threatened
said Clark and his associates that II
said line was completed the same
would be paralleled by the Oregon
Short Line. it's value would be de
stroyed. and its ability to secure bust
ness or operate at a profit would h'
taken away, which said threats, hti
CATION and other interference wer'
continued for period Of seYera
months"
Agreement Is Admitted.
Mr.. Clark and the Salt Lake Rout
in the Joint and separate answer
Nd Yesterday deny this allegation
They declare that the truth was tina
about April 1, 1901. a controversy di
arise between the Salt Lake Route, tn
Oregon Short Line and subsidlar,
road. the Utah, California & Nevada
The trouble WAS with respect to tn
conflicting rights TO the right-of-Wa
N..kium.l -. oaaA