Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-01-06
SUIT TO BREAK
HARTMAN
MERGER
MORTON FIRST
WITNESS FOR DEFENSE
Former Vice President of Santa
Fe Declares Southern Pacific
Was All Powerful Even Be-
fore Consolidation.
~, Morning journal Special LEASED w.r.I

M, Morning journal Special Leased WireI
New York. dan. 5.-Delayed for
several weeks by the Illness Of Attor-
me-, Lovett. counsel for the defense,
bearings Of the governments suit to
dissolvo the so-called Hartman rail
road merger were begun in earnest
today with Paul Morton, president Of
Inc Equitable Life Assurance society,
as the first witness.
Mr.. Morton, who from 1896 to 1904
WAS second vice president of the Atch-
ison Topeka and Santa re. one Of
Inc defendant companies with the
rnian Pacific, the Southern Pacific
ANA others in the alleged combina-
zion. vas called BY the government TO
support its contention thai the allied
raads had secured a monopoly OF
transportation business in the far west
I'm violation Of the sherman ANTITRUST
law
Ar Morton was led by counsel FOR
tbe government to describe the sit
nation as regarded freight shipments
bctween the central states and the Pa
cite coast prior 10 1901, the date when
the alleged combine was formed and
after that time. He said that in the
earlier period the Northern Pacific,
the southern Pacific and the Great
Northern railroads had been IN com
~nctition for transcontinentaf business
me Rock Island system before build
ING into FL Paso had connected With
the Union Pacific at Omaha and the
Denver and Rio Grandc at Pueblo
he said.
The situation" said Mr.. Morton,
was apparently controlled by the
southern Pacific. which controlled the
'ratc-making power"
rs it our opinion" he was asked,
Chat before the Union Pacific pur-
chased a large amount Of Southern
stock the two roads were in
competition %
II believe So, was the reply.
Mr.. Morton added that formerly
competition for san Francisco trade
iad beer aof1rdcd by the boat lines
. san Francisco ana the Canadian
prior to 1901 tho Union Pa
idc ana the Southern Pacific main
soliciting agents in the cast.
Cross-examined by former Judge
.ovctt. M. Morton gave it as. his
that the concurrence of the
southern Pacific to any rate to the
had always been essential, owing
o It's 'slink with the coast"
Former Judge Lovett in his ques-
ioning %cndeayored to establish that
Sunset route and the southern Pa
iGc both owned by one company, had
naturally MS he put it. controlled
before the date OF an alleged ille-
,al agreement" IN reply to N dues-
ion Mr.. Morton said that the Cana
Ian Pacific had tried to sccure diff
.|ercntiaI rates from the Southern Pa
.idc and the Atchison, but had failed
o do SO and had retired accordingly
rom the field as an active factor in
he competition.
on redirect examination the witness
vas asked whether the Sunset route
nd the Union Pacific had not com
for business under the ''old
Yes replied the witness, 'and
hey do now in New York
But their offices have been ANAL
amated in Chicago
"Ycs. the competition never |.
mounted to much. anyhow
You've made rates yourself in thoI f,
Id days without consulting anyone, d
ave You not" asked the govern c
counsel. la
"Oh. no. | have not. no enc eyer d.
lblished rates without consultation h
ith other roads in the traffic asso- cl
alton. ! don't mean rates were r
'ver made secretly. All the com W
mics did that h
There was competition them" G.,
ut WAS illesitimate competition nj