The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-02


Third circuit, which in all things revers-
ed the decree of the court below C34 Fed.
Rep, 33l); thereupOn the said cause was
removed to the supreme court OF the
United States by certiorari. and the de-
cree of the circuit court of appeals was
affirmed and the cause was remanded TO
the circuit court with directions TO dis
miss the bill of complaint;
That the decision by the supreme court
of the United States that the said par
! ties were not entitled to relief was in
part placed upon the ground that the said
Northern Pacific system, IN connection
with the system of the Chicago, Burling-
/ ton & Quincy Railway company above re-
ferred to, was competitive with the Union
Pacific Railroad system. and the delivery
to the compliments in said cause of
majority of the total Northern Pacific
Railway company stock would be in vi0-
i lation of said act of JULY 1889. u97 u
s., 244. 297D;
That the said defendants Harlan.
Schiff. Kahn, Stillman, Union Pacific
Railroad company. and their associates,
! caused the said action last above de-
/ scribed to be prosecuted for the sole pur-
pose of effectuating the said conspiracy
SO originally entered into to restrain
trade and commerce, smother competi-
! ton and mOnOpOlize such trade and com
merce among the several states and with
| foreign nations as hereinbefore more fully
set forth;
That after the said decision of the su-
preme court of the United States the said
| Northern Securities company proceeded
with the distributing of the shares of
said Northern Pacific Railway company
and said Great Northern Railway com
pany, as proposed, and said Oregon Short
Line Railroad company received many
million dollars par value of the shares
of said Northern Pacific Railway COM
| pany and said Great Northern Railway
| company.
That a certain amount of the said
stocks have since been disposed of by
said Oregon Short Line Railroad COM
pany. but that it is still the owner of
large amounts of the same, as complain
ant is informed and believes, which said
shares and eaeh and all of them. are IL
legally held by said Oregon Short Line
Railroad company as the agent and rep
| resentative of said conspirators, and are
held pursuant to the said conspiracy and
not otherwise.
Complainant further AYERS that prior to
the year 1902 the defendant. William A.
CLARK, together with certain associates,
icaused to be incorporated the said de-
PENDANT San Pedro. Los Angeles & Salt
Lake Railroad company for the purpose
of acquiring and constructing an indie
pendent competing line of railway from
tide water at San Pedro, Cal, through
Los Angeles, and across the states of
California and Nevada and a portion of
Utah to the city of Salt Lake.
That the said corporation acquired a
line of railway from San Pedro to Los
Angeles, and was engaged in the con-
struction of the balance of its line, when
/ II.
Kahn, Stillman, the Union Pacific Rail
road company and Oregon Short Line
| Railroad company, for the sole purpose
of restraining trade and commerce among
the states and with foreign nations and
mOnOpolizing the same as hereinbefore
more particularly set forth, and of pre-
venting competition between said rail-
way so in the process of construction,
and said Union Pacific Railroad system
including the said Southern Pacific sys-
TEN, brought suits of various kinds in
, the courts for the purpose of harassine
and injuring the said railway company
and preventing the acquisition of the
necessary right of way for the same, put
} large gangs of men at work to interfere
with and prevent construction of the said
line and threatened said Clark. his asso-
! eiates. and said San Pedro, Los Angelo.
7 & Salt Lake railroad, that If said lint
was completed the same would be paral'
{ leled by said Oregon Short Line. its value
: would be destroyed and its ability to Sc
cure business or operate at profit would
be taken away, which said threats. liti
cations and other interference were con
; tinued for period of many months. a.
the result of which the said defendant
Clark, and his associates, were induced
= ito desist from and abandon their pro
posed independent competing line, anC
said Hartman and his associates here
linbefOre named and said oregon ShOr
Line Railroad company on the one part
and the said Clark and his associates
upon the other part, combined and con
federated together to suppress such pro
posed competition: and TO maintain, con
tinue and extend the restrain or trade an
monopoly heretofore built up and at
tempted to be built up by said Hartman
and his associates, as hereinbefore aver
q red, said Clark Joined in said eonspirac!
TO suppress competition in all said terri
:, tory as hereinbefOre set forth. and pursu
< ant to such alliance with said consplra
, ! tors. the said Clark entered into Ger
il tain agreement with the defendant Har
. riman, under date of July g. 1902 uru
| and correct cOpp' of which is hereto an
lnexed marked Exhibit A. and made
= part of this bill as fully as Though sc
forth herein at LENGTH
That pursuant to the said contrac
: made between said defendants Clark an
h ! Hartman, certain supplemental deeds
." contracts and agreements in writing wer
4 Short Line Railroad company, the de
PENDANT Union Pacific Railroad company
I the defendant Southern Pacific com
pany. and said defendant San Pedro, LO
= Angeles & Salt Lake Railroad company
j. in and by which contracts and agree
ments certain lines 81 railroad controlle
by said Oregon Short Line Railroad CON
: pany in southern Utah and the easter
= part of Nevada were conveyed to tn
NJ San Pedro. Los Angeles & Salt LAX
III Railroad company, and said Oregon ShoI
Ii Line Railroad company desisted from II
| work of constructing line or raliWa
| parallel with the said proposed line Q
| the said San Pedro, Los Angeles a Sal
| Lake Railroad company, and Withdrew
all OppOSlllOn 10 lilS u III
| latter.
That said defendant Hartman secure
| to said San Pedro, Los Angeles & Sa
| Lake Railroad company the use of eel
| tain of the tracks owned or controlled b
| said defendant Southern Pacific com
| pany and said AtchisOn, Topeka a SAINT
| Fe Railway company in southern Califoi
| MIA, and the balance of the said line G
, the San Pedro. Los Angeles & Salt LAX
| Railroad company between Los Angelo
/ and the tracks of the Southern Pacifi
company near Riverside, Cal, betwee
| the terminus of and the tracks of til
| Atchison. Topeka & Santa Fe RaiiT a
| company so leased to Ii near the CATO
| Pass in eastern California, and the te
| minus of the said line so acquired frol
| the said Oregon Short Line Railros
| company in eastern Nevada were at ono
| constructed by said San Pedro, Los Al
| geles & Salt Lake Railroad compan!
Il which by means of said tracks so cor
| structed leased and acquired is now ei
| gagged in operating through line fro
| said San Pedro to Salt Lake.
II That as provided by said contract z,
| hfbit A. and for the purpose of maintain
| ing, extending. and preserving the r
| straint of trade and commerce among Il
/ states and with foreign nations, and m
| nopolizing the same and destroying con
| Detition with relation hereto, pursua
/ to the conspiracy hereinbefore allege