The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-04-07
Answer Filed in the Suit of the
United States to Dissolve
His System of Rail
roads.
DENIES CONTROL OF U. P.
Has Not Consplrcd TO Restrain
Trade Among the Several
States and Foreign
Countries.

EHil lfth't 'N'ii' FNi''i " ~ 60
swers Of the defendants In the suit Of
the United states to dissolve the Har-
monopoly in restraint of trade, were
filed In the federal court to-day The
answers make a general denial Of the
allegations of the government. Besides.
the anwser of T.. H. Hartman, signed
by himself and Parley l.. Williams. his
solicitor and counsel In Salt Lake city,
answers are filed by Senator W. a.
Clark, president of the San Pedro, Los
Angeles and Salt Lake railroad the
Farmers Loan and Trust company of
New York; II. C. Frick. the Union Pa
cinc railroad, the oregon Short Line,
the oregon Railway and Navigation
company, ard the Southern Pacific
company. To cover certain allegations
also filed.
Mr.. Hartman, In his answer, denied
that he with Jacob Schlf, Otto II.
Kahn James Stillman or others, has
owned or controlled a majority of the
stock of the Union Pacific railroad He
admits t.ct he Is president and that
the other men were directors. Schlff
nan in 1905 He admits that Schiff
, and Kahn were members of the firm of
Kuhn. Loeb & Co., and that this firm
bought stocks and bonds of the Union
Pacific railroad and Of the Oregon
Short Line. but II is denied that the
company was a fiscal agent OF the
Union Pacific railroad.
Hartman denies that he and the
other defendants conspired to restrain
trade among the several states and
foreign countries or to restrain COM
petition among defendants steamship
and railroad lines, or to deprive the
public of advantages of trade and COM
merce through Independent combina-
ton II any there was, or to effect con-
solidation with the idea Of monopoiz-
ing or restraining trade and commerce;
admitting. however. that the Union
Pacific acquired a majority OF ;he cap
ital stock OF the various lines and
steamship system. He denies In each
instance that the acquisition Of the
stock was to kill competition, or mon
opollze trade, commerce or business.
Admitting that the directors OF sew
eral defendant companies arc identi-
cal, he denies that the Union Pacific
has control In the management or oper-
J, alton of the affiliated lines. He AYERS
sthat In the sentimental lines Of
railroad reaching the Pacific coast
south Of Portland. the Union Pacific Is
but a link about thousand miles In
length; an intermediate carrier with
but any power to make rates upon
iuch traffic that the Southern Pacific
WINS and controls lines between Ogden
nd the coast with no power to make
ties Of business east Of Ogden; that
rates could be made from the Mis-
lri river to the coast without the
mt consent of the Southern Pacific
| the Union Pacific; that, while the
On Pacific and its constituent com
les separately owned connecting
2. Operated as a single system
y the Missouri river TO Portland
.Agon and operated certain small
ieam ships between Portland and Sal
J4rrancisco) yet such route. Via Port
land was not only impracticable as q
competitor of the Southern Pacific but
any attempt to use It would have
greatly injured the Union Pacific, be-
cause the Southern Pacific would there
upon have preferred the rivals Of the
Union Pacihc IN routing and inter.
changing traffic at Ogden and the bus.
mess in tonnage and revenue thus lost
would have greatly exceeded the tota
volume Of business received over sucf
an impracticable route In competition
with the Southern Pacific.
Mr.. Hartman dcnies that the raj
line of the Southern Pacific betwee,
San Francisco and Portland la IN ac.
tive competition with the ships of thu
Oregon railroad and navigation com
pany between the two cities named
aud explains that such competition Il
Impractical BILE. He denies that shipt
operated by the Portland and Asiati,
Steamship company, between Portlan'
and Asiatic ports, and connected witt
the rail lines of the Union Pacific
were ever in competition with the Pa
cihc Mail Steamship company He de
nies that any competition ever existed
between the system of railroads an,
steamships owned by the Union Paci
fic railroad company and the Souther,
Pacific, or, # any such competition die
ever exist. II was not substantial o
did not include large volume Of traf
flc of any kind.
He admits thai The Union Pacific, II
connection with the Central Pacific /
q competitor of the 'Atchison Topeki
g. Santa Fe for large volume Of traf
fic to and from the Pacific coast.