The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-02
THE SALT LAKE HERALD SUNDAY. FEBRUARY p 1908

ing to monopolize the same, and for |
the purpose of rendering more certainl
and secure the efforts heretofore
made, as above stated. by the acquisi-
ton of said 10000 shares of said stock,
said conspirators further acquired for,
and said Union Pacific Railroad COM
pany obtained, an additional 150 600
shares of stock Of said Southern Pa
cific company, which were likewise
placed in the treasury of said eOmpa
ny, making an aggregate of $780, 900
shares of stock Of said Southern Paci-
fic company so acquired for the pur-
pose and in the manner above stated;
That all of the said stock has since
been voted by said Union Pacific Rail-
road company, or under its direction,
at all meetings of stockholders of said
Southern Pacific company, with the
end and for the purpose of restrain
ing trade and commerce and eliminat
ing competition and monopOlizing and
attempting TO monopOlize such inter-
state and foreign commerce, as here
inbefore averred;
That thereafter the said defendants
Hartman, Schiff, Kahn and Stillman,
and said Union Pacific Railroad COM
pany, caused to be issued by said
Southern Pacific company s39, 563,S00
par value of preferred capital stock of
said Southern Pacific company, which
was subscribed for by the various
stockholders of said Southern Pacific
company i'm proportion to their hold
ings of common stock;
That said Union Pacific Railroad
company for the purpose above stated,
and with intent to insure the success
of said attempt to restrain interstate
and foreign commerce and monopolze
the same, subscribed for, took, and
now has i'm its possession, the proper
ton or percentage of such preferred
stock to which the said 100000 shares
of common stock was entitled under
said plan, tO-wit: SIS 900, 900 par value
thereof, and has since its said issue at
all times voted the same at all meet
ings of said Southern Pacific company
That the said 600 shares of South
ern Pacific common stock was. in the
first instance, acquired directly by said
Union Pacific Railroad company, but
Tor convenience in financing, or other
reasons unknown TO complainant the
said stock was in form turned over to
the said defendant Oregon Short Line
Railroad company, and the said ad-
ditiOnal common stock and the said
eighteen millions of preferred stock
are now i'm form in the treasury of said
oregon Short Line Railroad company.
out, as hereinbefOre aYerred, are CON
IroiIed ana voted as directed by said
owns the stock of said Oregon Short Line
Railroad company, and controls the man
agement operation and business affairs
thereof, and the said stock and all of the
same is now in form so voted by said
oregon Short Line Railroad company. but
at the .dictatton and instance of said
Union Pacific Railroad company, the said
Hartman, Stillman, Schiff and Kahn for
the purpose of choosing boards of dirao-
tors who will act in sUbservience TO the
management OF said Union Pacific Rail
road company, to the end that cOmpeti-
uOn IN interstate and foreign commerce
may be restrained and such business be
mOnopOllZed and attempted to be mOnCp-
olzed, as hereinbefOre set forth:
That the balance of the stock of said
southern Pacific company is scattered
among a large number of stockholders
the exact number being unknown to
complainant but that by reason of the
fact that such stock is so scattered in
small blocks the full amount of such
stock is not and never has been at any
meeting, and, according TO ordinary bust
ness usage and experience, never will be,
voted at any such meeting, for which
reason the said stock so controlled bv
said Union Pacific Railroad company has
constituted a majority of the stock pres
ent at each and every meeting of the
stockholders of said Southern Pacific
company since the year 1902 and will con-
tlnue to constitute such a majority if said
stock remains the property of said Ore
gOn Short Line Railroad company and
the said Union Pacific Railroad coupanv
by and through said Oregon Short Line
Railroad company has controlled the said
meetings and has elected such boards of
directors as have been selected by said
railroad company and said Hartman
Suliman. Kahn and Schiff.
That said cOnSpirators after the ac-
QUESTION of such control of said South
ern Pacific company. at all times caused
TO be elected successive boards of drec-
tors OF said company, majority of whom
were also directors of said Union Pacific
Railroad company; that said Hartman
was made the chairman of the executive
committee of said Southern Pacific COM
pany and still fills such office;
That said Southern Pacific company
has conferred upon such executive com
mittee and upon the chairman thereof
the same powers as the like committee
and the like officer enjoy in the case of
the Union Pacific Railroad company. as
hereinbefOre set forth; that the said
Hartman was by said cOnspirators
caused to be elected. and he still is. the
president of said Southern Pacific com
pany;
That the said Union Pacific Railroad
company and Southern Pacific company
have and for several years last past have
had common traffic officials. operating
officials, purchasing agents and CONNER
cial agents, and in all respects the said
lines of railway controlled by said cor
pOrations respectively. as hereinbefOre set
forth. are operated and have since the