Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-09-10
GOVERNMENT SUIT PENDING
HARRIMAN INTERESTS FIGURE
PROMINENTLY IN THIS CITY.

Figuring in many ways. In litigation
that led up to the Supreme Court Of the
United States. in congressional debate and
sion proceedings and in administrative
details Of the Treasury Department the
interests Of Edward H. Hartman have
been conspicuous In the government
dockets at Washington.
The federal government has pending q
suit against the Union Pacific, Southern
Pacific and other railroads controlled by
the Hartman interests for the dissolution
Of a combination between them. which
Is charged with being violative Of the
Sherman antitrust law Of 1880. In va
rious parts Of the country testimony in
this proceeding ID being taken and this
part Of the work is we'll advanced.
This Is the only case OF very great I'm
portance now pending as between the
riman interests.
The claim OF Mr.. Hartman for reim-
bursement on account Of the $1,000 900
or more which he expended, several years
which had been destroyed by floods along
the Colorado river, which was urged upon
Congress with great vfEor by President
Roosevelt, and which was the subject OF
numerous reports and much debate, ex-
cited great interest all over the country.
$1,000, 600 Claim Against Govern
ment.
Mr. Hartman and his counsel con-
tended that the Southern Pacific railroad.
in rebuilding the dam. was doing a work
that should have been done by the United
States government. and for this reason
insisted upon the payment Of the claim.
Congress. however. never has favorably
acted upon the claim.
Perhaps the most notable Of recent
cases in which Mr.. Hartman has figured
was the contumacy litigation that grew
out Of an interstate commerce commits
sion proceeding In which Mr.. Hartman.
upon advice Of counsel. declined to an
swer certain questions put to him at the
hearing. The case was finally put before
the Supreme Court Of the United States
and was decided in favor Of Mr.. Harri-
man last December.
The litigation was known as Kuhn "a
member OF the firm Of Kuhn. Loeb & Coz
against the Interstate commerce commits
sion; Hartman against the interstate
commerce commission and the interstate
commerce commission against Hartman.
The questions which Mr.. Hartman re-
fused to answer bore on the ownership
of stock and related, according to the
Supreme Court decision, to the private
business Of Kuhn. Loeb & Company. and
not to the business Of the Union Pacific,
which Mr.. Hartman controlled. Harri-
man was then director. president and
chairman of the executive committee Of
the Union Pacific The relations between
the Union Pacific and other connecting
roads. paraileled or otherwise. were un-
der investigation. Among other things.
the Union Pacific bought 108. 4O1 shares
of the preferred stock Of the Chicago
and Alton railroad.
Refused to Reply.
These shares had been deposited with
Kuhn, Loeb & Company by their own
ers and on an agreement authorizing the
bankers to sell them to any purchaser
at such price and on such terms as
should be approved by Hartman and two
others. Messrs. Stewart and Mitchell. Mr..
Hartman was asked whether he owned
anv Of the stock so deposited. and how
much, il any. BY advice Of counsel he
refused to answer. Again he was asked
az to the stock Of the Atchison. Topeka
and Sante Fe railroad which had been
bought by the Oregon short line. whose
stock was owned by the Union Pacific.
stock that had been acquired previously
by him and by two others.
II think now" he started to reply.
Counsel stopped him, however. and he
refused to answer all questions.
The interstate commerce commission
sought to have Hartman compelled to
answer and the Supreme Court last De-
cembor decided that the power to re-
quifs testimony was limited to investi-
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