Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-04-06
:. H. Hartman Files His
Answer In Federal Court.

competitor of the U. z. but not of the
S. p.
CONSPIRACY DENIED.
He denies that in the spring of 1901
or at any other time he and the defend
ants or any OF them conspired to re-
strain trade and commerce among the
several states and foreign countries
or 10 restrain competition among de-
PENDANT steampship and railroad lines
or to deprive the public of advantages
OF trade and commerce through indie
pendent competition, If any there was
or to effect a consolidation with the
IDEA of monopolizing or controlling or
restraining trade and commerce, admit
ting, however, that the u. P. acquired
a majority OF capital stock of the var
ious defendant lines and steamship
systems. He denies in each instance
that the acquisition of this stock was
TO Kill competition or monopolize trade,
commerce or business
DIRECTORS ARE SAME.
He admits that tho directors of sew
eral defendant companies are all the
same men, but denies that the u. p.
mad control in management or oper-
alton of the affiliated lines. He nd
mits the incorporation of the North
ern Securities company and also the
retirement of the preferred stock by
an additional issue of common stock
OF the Northern Pacific. DENYING that
he or any of the defendants caused
the y. i. or o. S. l.. to acquire stock
of the Northern Pacific for purposes
OF conspiracy. (The o. S. L. acuuir-
ca a majority of stock, but has sold
II. having rid itself of most of II when
the governments suit against the
Northern Securities was fled
CLARK AGREEMENT
He admits the effecting of an agree
merit with William A. Clark, July Q,
lao2, followed by other contracts and
agreements, but denies any were for
restraint or monopoly or wrong mr.
poses whatever. (The agreements
were made as part or the transac-
tions gone through when Clark got
tral Pacific and necessary TO the com
pletion of the Salt Lake Route be-
tween this city and Los Angeles).
JUST A LINK.
He AYERS that in the transcontinental
nnes of railroad reaching the Pacific
coast south of Portland, the Union pa
GI"G was put link about 1000 miles
III length and the Union Pacific rail-
road merely an intermediate carrier
without any power to make rates upon
such traffic; that the Southern Pacific
owned and controlled lines between
ogden and the coast with no power TO
make rates on business east of Ogden;
that no rates could be made ON traffic
consigned from Missouri river nolnts
to the coast could be made without tho
JOINT consent of the u. L. and S. p.
that while the U, p. company and its
constituent companies separately own
ed connecting lines operated as a sim
gie system, extending from the Missouri
river TO Portland, Or, and operated
certain small steamships between
Portland and San Francisco yet lie
AYERS such a route via Portland was
not only impracticable as a competitor
of the 5. Il. but any attempt to use 1t
as such would have greatly injured the
U. i. because the S. Z. would thereup-
on have preferred the rivals of the u.
Z. in routing and Interchange traffic
nj Ogden and the business IN tonnage
and revenue thus lost would have great
~ exceeded the total volume of
business received over such an
impractlcable route in competition
with the Southern Pacific, so that
the interests of the u. L. and the COM
panies formerly owning the lines al
ways prevented IL and them from using
or attempting to use the said route
via Portland in competition with the
S. p. upon any business to or from the
Pacific coast of Portland or to or from
Asiatic ports.
NO COMPETITION.
He denies that the rail line of the S.
j. between San Francisco and Portland
was in active competition with the
ships of the o. r, e. N, between the
two points named. explaining such
competition was impracticable.
He denies that ships operated by the
Portland and Asiatic Steamship COM
pnny between Portland and Asiatic
ports in connection with the rail lines
of the u. i. Were ever In competition
with the Pacific Mail Steamship COM
pany.
He denies that any competition over
existed between the system of railroads
and steamships owned by the ". =. II.
II, Company and the S. r.. or IL any
such competition did ever exist 1t was
not substantial, or that II included a
large volume OF traffic OF any kind
He admits the u. =. IN connection
with the Central Pacific is n competl-
tor of the Atchison, Topeka and Santa
Zee for large volume OF traffic TO and
from the Pacific coast.