Daily press. [volume] (Newport News, Va.) 1896-current, 1908-01-15
Government VIII Find Railroad Com.
bIne Formidable Affair.
SPECIAL ATTORNEY NOT Confident
Frank 3. kelIos Tells Preoldent Roosc.
Welt That at Is Law Suit. and
That is All That May Be Properly
Said Of IT,

WASHINGTON. D. c.. Jan. 14.-"It
Will be lawsuit. Mr.. President. That
is ALL at this time. that properly can
be said of II. We may win and we
may lose"
That was the statement OF Frank
IL. kellogg, special attorney for the
United States, to President Roosevelt
respecting tho proposed prosecution
by the government of the so.called
Hartman lines because of the alleged
combination OF tho Union Pacific ana
Southern Pacific railroads.
Tho subject has been under consid.
Grafton by tho government ever since
the report of its investigation of tho
Hartman system was submitted by
the Interstate Commerce Commission.
For several months Attorney General
bonaparte has been studying the pvi.
dence adduccd by the commission In
It's inquiry. He has about concluded
his own investigation of tho matter.
While suit by tho government, SINH.
lar In general character TO the prose.
cution in the Northern Securities
case, Is In prospect. II can be sa.a
Tthat II absolutely has not been deter.
mined upon Mt this time.
The administration realizes, as MIR.
kellogg expressed ii. that the pro
ccedlns. IL instituted. will be merely
"a lawsuit" the issue OF which Wa.
be somewhat predetermined. In other
words. the government has no dead.
open'apd-shut' case. but Will have to
fight cvery inch OF the ground up to
Tho Supreme Court OF tho United
| States.
The operation OF the Union Pacific
and tho Southern Pacific Is not lden.
ucal, although practical control OF
The latter Is held by the former. II
the government should institute its
suit, 1t Will maintain that the com.
binatlon Of tho two llnes IN In re.
stra'nt OF trade. This point, II Is sug.
gostcd by n student of tho situation
VIII be difficult to maintain, because
the two lines practically are thou:
sand miles apart, and, except as to
the western ends, touch an entirely
different territory. In the East the
Southern Pacific gets It's traffic from
what Is known as the Trunk Line Ter
ritory and the Union Pacific gets IT.
traffic from the Central Pacific Terri.
tory. Tho two territories are wholly
distinct. There could scarcely be any
competition, 1t Is maintained, between
the two.
From Ogden, Utah, to tho Pacific
ocean--a distance of about 500 milos
tho Union Pacific uses the Southern
Paciflc's tracks. When Mr.. Harri
man acquired interest In tho Southern
Pacific he was confronted with the NO
cessity of obtaining n western outlet
to tina Pacific. IIe bad the choice oil
building new line or OF PURCHASING
n control of tho Southern Pacific. He
chose tho latter course.
In view OF this situation. tho gov.
ernment Ia hesitating whether to be-
gin an action against the Hartman
system for alleged unlawful comblna
tion, particularly as such an action
against tho HARTMAN lines logicalls
would necessitate a similar action
against the New York Central for It's
control or ownership Of stock In the
Lake Shore and Michigan Central
lines and against tho Pennsylvania for
its control of two competing lines
from Pittsburg to Chicago. All OF
such actlons would be of n disturbing
nature. without any practical results
In view In the event tho government
succeeded In maintaining Its cases in
the courts.
The President and the attorney.
general are considering the subject
with great care and their final deter.
mination Will be awaited with anxious
inerest.