New-York tribune., 1909-05-26
ATTACK EXPRESS RATES
NEW COMPLAINT IN SUIT.
Action against L. S. Erpress Com
pany Uithdrazcn for Present.

The motion for the appointment OF temporary
receiver for the United States Express Company
made last week by John l.. Dudley, was Withdrawn
yesterday the Supreme Court, as forecast In Inc
Tribune on Sunday According to Louis H New
kirk of counsel for Mr.. Dudley. the motion was
withdrawn pending the preparation of -addilohai
papers on new information, and it will be renewed
IS soon as these papers can be drawn. MT New
hi 4 said that part of this new information was
embodied a complaint, a copy of which ne hau
lust received, which had fled with the Inter
state Commerce Commission by State Senator
Bengt Sundberg, of Minnesota. The defendants
The United States. Adams and American Express
companies ard James c. Fargo, Lewis Cass Led
ward Francis + Flagg Charles G. Clark, Johnston
Livingston. Charles NJ. Platt, William E PoWeison
William H Seward, Edward B. JudsOn, Henry. NJ
Whitney and Livingston W. Fargo. doing business
as co partners and associates in the name or the
American Express Company Basil w. Rowe. Will
I'm, NJ Barrett Dumort Clarke, Charles steele,
Len {. Weir George +. Baker, William Damsei
snd Haratio H. Gates, doing business as co-part-
ne,s spd associates in the name of the Adams EN-
ore4s Company. and e. II. Crosby. James G Fargo
y +, Pjatt r T. Platt, Francis Lynde Stetson
and Lew C. Weir. doing business as co-partners
and associates in the name Of the United states
Express Company.
II is charged in this complaint that the three
companies mentioned work together without com
petition and monopolize the express business ma
that the dominating power held by them enaol'7
them 10 establish the rules and fix the rates whi'h
they enforce for the transportation Of property by
express 1t adds:
fhey make and enforce these rules and rates
arbitrarily. and unreasonable AID eXt"rtion,,
ate returns great and irreDaraole injury ..
The complainant and the public generally The
rates are excessive and produce A p"oht OF IW pea
cent on the companies investment in the buslhesS
TIE legitimate ooerating expenses are compara-
lively small ana Guder the rates now enfofSed fne
companies earn 100 per cent year. Is AIn1ogn .
sucreosed there has been reduction in tie a.
r. 1d md
grown :ich and powerful lha; hey nave dstcu
20 compete openly with the United States govern.
.nent in carrying msIlable' merchandise over post
@he different post roads have not been able 10
c9htroI ana Tegude SI6ese They " have successf,Iy
and Systematically Oon'fo.ed legislation ana IeSu-
10 maintain generally *he!r unreasonable rates and
hold such firm control OF the express business as
Of he country and heavy burden to the producers
Of its wealth.
The complaint sets forth in particular that the
rates fled with the Interstate Commerce Commis-
sion on dairy products horses. poultry and beer
between points in Minnesota, Chicago. New York.
ST Louis. Boston. Milwaukee. BdTalo and other
cities should not exceed maximum 40 TO 10
per cent Of those at present in force
Senator Sundberg asks that the defendants be
required to answer, but not under oath. answer
under oath being waived. and that order be
made commanding the defendants to desist from
violations OF the interstate Commerce act He
further asks the commission 10 fix the rates at a
reasonable amount The complaint is dated Febru-
sry- 1909.
Mr. Newkirk said that he had received letter
crom James Manahan. OF Minneapolis. attorney for
Senator Sundberg suggesting that they hold a con-
in regard 70 the various suits against the
United States Express Company. and said he
pected TO meet him in Washington June I. He
added that he expected to gathersome Of the new
information referred to from this conference.