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


time TO time, including the defendants,
Henry II. Rogers and Henry c. Prick,
! have owned or controlled a majority of
the capital stock of the defendant Union
Pacific Railroad company;
That during all of the time the
said defendant, Edward H. Hartman,
has been, and still is, the chair
man of the executive committee
of the board of directors of said COM
pany, and since October 1903, he has
likewise been, and still is, the presi-
dent of said corporation;
That the said Jacob II. Schiff, Otto
/ H. Kahn and James Stillman were,
from time prior to said Jan. /, 1901,
and until the year 1906, directors of
said corporation;
That said James Stillman has con-
tinued to be a director thereof, and
that during all of said period, and I'M
til the year 1906. the said Otto II.
Kahn and said Stillman were MEM
bers of the said executive committee
of said corporation, and said StiIlman
| is still a member thereof;
That during all of said time the
said Jacob II. Schiff and Otto II. Kahn
We're. and still are. members of bank
| ing firm of the city of New York, do
ing business under the firm name and
style of Kuhn, Loeb & Co, which said
banking house is, and during all the
| times above stated has been, the fis-
cal agent of said Union Pacific Rail-
road company. through which agent
substantially all the purchases and
| sales of stocks and bonds hereinafter
mentioned have been made;
That said defendant, Henry H. Rog-
| ers, has been a director of said corpO-
ration since the year 1902, and that
said defendant, Henry c. Frick, has
been a director of said corporation
SINCE the year 1904, and both said par
| ties are still members of said board
of directors:
That during all the times above men
| toned, by bylaws of said company
TO that end enacted. the directors of
said corporation have delegated their
power to manage and direct the bust
ness and affairs of the said company to
an executive committee of five men,
bers to act i'm such manner as such
committee should deem best for the
company's interest in all cases in which
| specific directions shall not have been
given by the board; and it is and has
| been also provided by said bylaws
that the chairman of said executive
committee is authorized to represent
that committee when it is not in ses-
/ sion;
That pursuant to such bylaws the
/ said defendant Hartman has, with the
concurrence and assistance of said in
| dividual defendants. other than defend
ant Clark, who were members of the
executive committee or directors of
said company, dominated the affairs
and controlled the management of said
| defendant Union Pacific Railroad COM
pany.
| The defendant Union Pacific Rail-
road company is, and during all of
said times has been, the owner of
| lines of railway extending from Coun-
| ell Bluffs, Iowa, to ogden, Utah; from
Julesburg, a point on said line, to Den
Yer, Colorado; from Denver to Chey-
enne, Wyoming, and a line from Kan
sas City, Missouri, to Denver;
That the predecessor of the said I'm
| ion Pacific Railroad company was or
| ganized under the act of congress ap-
proved July 2, 1852 (12 Stat, 4S9). It's
charter was thereafter amended by the
acts of July ?, 1864 (13 Stat, 1863, Feb.
"a, 1871 DC Stat. 430), and other acts
1t constructed a line of railway from a
point in Council Bluffs. Iowa, through
| Cheyenne, Wyoming, TO ogden, Utah,
| with branch from Julesburg to Den
yer, Colorado;
| That the Kansas Pacific Railway
company was previously Incorporated
| by special act OF congress as the Leav-
enWorth, Pawnee & Western Railroad
| company subsequently the Union Pa
/ cific Railroad company, eastern divi-
siOn), and constructed a line of rail
way from Kansas City, Missouri, to
Denver;
| That the Denver Pacific Railway &
! Telegraph company was incorporated
under the laws of Colorado, and con-
sF1l liz. i
yer to Cheyenne:
That these railways were consolidate
/ ed under the said act of congress of
| 1862 into the Union Pacific Railway
company;
1 That the Central Pacific Railroad
company was organized under the laws
/ of California, and constructed a line
of railroad from Sacramento, Califor-
/ MIA, to ogden, Utah;
| That the Western Pacific Railroad
company was organized also under the
/ laws of California, and constructed a
/ line of railroad from San Francisco
to Sacramento. California, and that
! these two latter corporations were aft
| erwards consolidated into and became
/ the Central Pacific Railroad company,
which was for many years engaged in
| the operation of said line of railroad
| from San Francisco TO ogden, at which
/ point it connected with the main line
of said Union Pacific Railroad COM
pany:
I That these lines of railroad were
constructed by government aid, con-
/ sisting of land grants of ten sections
per mile of road, and government
| bonds secured by a second mortgage
upon the railways in the sum of s16,-
/ 600 per mile in open country. s4S, 900 per
/ mile for 800 miles of the railroad most
mountainous and. difficult of construc-
ton. and $32, 900 per mile for the bal
ance of the mountainous railroad;
That by the act of congress ap-
proved July ?, 1864, the said lines of
railway receiving said aid, to-wit, the
/ Central Pacific Railroad company, the
Western Pacific Railroad company, the
| Union Pacific Railway company, the
Kansas Pacific Railway company and
the Denver Pacific Railway q Tele-
| graph company, constituting all of the
said lines from Council Bluffs and from
Kansas City, through Denver, Chey-
enne, Ogden and Sacramento, to San
Francisco, were required to operate
their lines as one continuous line, with
out discrimination against or in favor
of any or either of said companies;
That in and nv section IA Of said not