The Birmingham age-herald., 1909-01-28
HARTMAN MERGER
 HEARING IS BEGUN
Competition Between Two Big
 Roads Has Ceased
SAME AGENTS FOR BOTH
Hearing Opens Before Special Exam iner at Pittsburg and Number of Witnesses Appear to
 Give Testimony.

Pittsburg, January H-That there was competition between the Union Pacific and the Southern Pacific railroads prior to 1901, but has not been since, was the tenor of the testimony brought out here today at the hearing of the Hartman merger suit before Special Examiner Sylvester G. Williams of Denver, Col.
 Attorney c. A. Severance conducted the hearing in behalf of the government, while Robert S. Lovett, general counsel for the Hartman system, represented the railroads.
 That the same agent solicits freight business in Pittsburg for both roads was stated by several witnesses, while others asserted that there had been no competi- ton in rates between the two railroads since 1901.
 J. F. Townsend, traffic manager of the National Tube company, said the Union Pacific solicits business in connection with the San Pedro, Los Angeles and Salt Lake roads.
 F. A. Ogden, general freight agent for Jones & Laughlin, who, he said, are the
  country except the United States Steel corporation, testified that since 1901 the Union Pacific and Southern Pacific have had but one representative here, while prior to that time the two roads fre- quently clashed and were strong com petitors.
 The hearing in the Hartman merger suit was taken up today by Special Ex- aniner Sylvester G Williams of Denver. Col, in the United States circuit court rooms Attorney c. A Severance, chief attorney for the government, accom- panied by Mrs. Severance arrived from New York this morning. Robert s. Lovett, general counsel for the Hartman system, appeared for the defense number of prominent Pittsburgers, who have been called as witnesses and who intimated yesterday they might disregard the United States subpoenas and go to Chicago for the purpose of attending important meet ings in that city, were present today.
 The first witness was Thomas Johnston, traffic manager of the H. J. Heinz com pany. He testified that no distinction N-@S Union Pacific and Southern Pacific rail roads. He told of the efforts to get trade by the railroads in the west, and said there was no competition between the two roads named.
 L. C. Beihler, traffic manager of the Carnegie Steel company, testified that prior to 1901 the Southern Pacific and Union Pacific solicited separately for traffic. Now they have the same agent, he said.
 William J. Bogert, agent here for the San Pedro road between Salt Lake City and Los Angeles, was called and con- fessed to having asked assistance in rout- ing freight of MT. Herring, who represents the Union and Southern Pacific railroads.
 Attorney Severance asked Bogert if he did not try to have MT. Herring forget that he was an agent for the Southern Pacific and as agent for the Union Pa ciic give freight to the San Pedro line.
 The witness admitted this and added that Mir Herring "acts quite neutral"
 Bogert said few inducements could be offered to shippers. He said Herring did not try to get business for him.
 c. A. Henry traffic manager for the Standard Sanitary Manufacturing com pany, testified that agents of the various lines asked for business, but it apparent ly made little difference to them over which line the freight was hauled.
 l.. P. Fowler of the Merchants and Miners Transportation company said he was with the Union Pacific prior to 1901 and that there was strong competition between the Union and Southern Pacific railroads. He said there was still com petition to Missouri points as formerly, but not between the Union and Southern Pacific. Recess was taken at 1 o'clock.