The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-01
And His Partners in Control of
Western Railroads.
AT SALT LAKE CITY.
Papers Are Filed in the United
States Circuit Court.
Conspiracy in Restraint of Trade
the Main Charge.

Attorney Hiram e. Booth, acting under
the direction of the attorney general
today filed in the circuit court of the
United States for the district Of Utah
sitting at Salt Lake City, a petition or
bill in equity in which the United
States is made complainant and the
Union Pacific Railway company. the
Oregon Short Line Railway company,
the Oregon Railway & Navigation COM
pany, the San Pedro, Los Angeles &
Salt Lake Railroad company, the Atch-
ison, Topeka & Santa Fe Railway COM
pany. the Southern Pacific Railway
company. the Northern Pacific Rail-
way company. Great Northern Railway
company, Farmers Loan & Trust COM
pany, &. H. Hartman Jacob Schiff,
Otto Kahn, James Stillman, Henry H.
Rogers, Henry C. Prick and William
A. Clark, defendants.
The bill sets out in detail the several
agreements, contracts, and operations
by which the several defendants, Harri-
man. Schiff, Kahn, Stillman, Rogers,
F'rick and Clark, at various times since
January 1, 1901. are alleged to have Sc
cured for themselves and others the
management and control of the various
defendant roads, their branches and
steamship lines and to have ever since
operated them in restraint of trade and
dIuOUS the states, ana with
foreign nations, in violation of the act
OF congress. approved July 2, 1890, en-
titled AN act to protect trade and
commerce against unlawful restraint
and MONOPOLY
The bill alleges combination and con-
spiracy among the defendants in dero-
cation of the common rights of all the
people of the United States and asks:
THAT the Individual \ defendants
named and their associate stoekhold-
r9v,6 =, s1vr,
bining or conspiring with them and
their trustees, agents and assigns, pres
ent or future, be perpetually enjoined
from doing any and every act or thing
in furthefance of the combination or
cons piracy or tending to carry out the
complaint, or intended or tending to
complete control or partial control of
said competing lines of railway by the
Union Pacific Railway Company, the
Oregon Short Line Railway company or
the Oregon Railway & Navigation com
pany or their officers, directors, and
executive committees or in the control,
legal or practical, of any person or
persons, association, Or. corporations,
acting for or in lieu of said Union Pa
cific or the Oregon Short Line Railway
company or the Oregon Railway &
Navigation company in carrying out
the unlawful combination or conspiracy
hereinbefore alleged.
doings of said defendants in pur-
suance of said conspiracy be decreed
to be in violation of the act of con-
gress as approved July 1880, entitled
An act to protect trade and COM
merce against unlawful restraint and
monopolies' and the acts amendatory
thereto and that a writ of injunction,
mandatory or otherwise as may be
necessary issue out of this court en-
Joining the said defendants and COM
manding the said defendants. their
officers directors, servants and
agents to desiSt in said unlawful acts
and that they and each of them, and
all and each of their respective di-
rectors, officers, agents, servants, en-
ployes and all persons acting under
or through them or either of them,
or in their behalf, or claiming so to
act, be enjoined, restrained and pro-
hibited from entering into, taking
part in, or performing, any contract.
combination or conspiracy the pur-
pose or effect of which will be as to
several states and territories and with
foreign nations. to restrain trade or
to monopolize and attempt to mon
opolize said trade and commerce in
violation of the provisions or said
acts of congress.
"And the complainant, the United
States of America, preys for such
other and further relief as the nature
of the case may require and the court
may deem proper in the premises; to
the end therefor, that the United
States of America may obtain the
relief to which it is justly entitled In
the premises, may it please your hon
ors to grant unto it wr1ts OF subpoen-
as directed to the said defendants,
Union Pacific Railway company,
oregon Short Line Railway company,
oregon Railway and Navigation COM
pany. Atchison, Topeka & Santa Fe
company. Southern Pacific, Northern
Pacific Railway company, Great
Northern Railway company, Farm
ers Loan and Trust company. Ed
ward H Hartman, Jacob Schiff. Otto
Kahn. James Stillman, Henry H. Rog-
ers. Henry C. Prick and William A
Clark and the co-consplrators whose
names are unknown to the complain
ant. and such other names as may
be made known to the complainant
and the court be advised therefore
and to each of them. commanding
them and each OF them to appear
herein and answer (but not under
OATH the allegations mentioned in
the foregoing petition and abide by
and perform such order or decree as
the court may make in the premises;
and that pending the nnai nearing OF
this case, a temporary restraining or
der and temporary writ or injunction
NAV issue enioining the defendants
and tbair associates and each of them
and their stockholders, directors, Of
ficers. agents and servants, as herein
before prayed"
The PRAYER to the court respecting
the Union Pacific Railway company,
| the oregon Short Line Railway COM
many and the Oregon Railway and
Navigation company is substantially
repeated in all its particulars as TO ali
| the other defendant railways named
| in the title of the case and in each in
stance the defendant stockholders,
Continued on Page Twelve.)