Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1911-07-01
Hooks Dissenting Opinion.


court.
Hooks Dissenting Opinion.
Judge Hook, in his dissenting opin-
ion, said the majority opinion $50
greatly narrows the act of congress
that very little is left of it when APP
piled to railroads. and that under the
tests which the majority opinion was
based on, "the Union Pacific could
probably haye lawfully purchased con
troll Of all the great railroad systems
in the United States"
Judge Adams prefaced his opinion
with the statement that the govern
ment must prove the restraint in trade,
alleged in the bill, must be substantial
in character as the direct and imme-
date effect of the combination. The
government, he said, later, failed to
prove this.
The merger, according to the court,
did not cause a change in rates, no
complaints of discrimination and no
conspiracy. Concurring in these feat
ures the opinion reads:
"The proof shows that after 1901, as
well as before, the rates for transcon-
tinental traffic were the same over both
the Union Pacific and Southern Pacific
lines.
"There has since then been, with re-
spect to either of these lines, no i'm
pairment of service, no diseontinuance
of efforts to satisfy the public, and no
complaints of shippers of any inferior
or inadequate service.
GA substantial majority of the stock
of the Southern Pacific company has
been held by parties other than the
Union Pacific company, but we fail to
find any complaint by such holders of
any discrimination against their road or
of any failure properly to promote its
welfare. None of the minor points
charged to have been deprived of COM
petitive opportunities by the Hunting
ton purchase are shown to have suf
fered from the result of that purchase.
Millions Spent on Roads.
"On the contrary, hundreds of mil
lions of dollars have since 1901 been
expended on these roads. Their physical
condition has been vastly improved and
their efficiency for public service, as
well as for private profit, has been
greatly enhanced. The whole proof,
taken together, we think, fails to dis
close any conspiracy to restrain inter
state or foreign commerce in violation
of the first section of the act.
"The same considerations lead to the
conclusion that no combination or con-
spiracy to monopolize or attempt to
monopolize trade or commerce among
the states, OF with foreign nations, was
entered into. Moreover, the fact that
the Union Pacific company did not Sc
cure the control of the Santa Fe road,
thoroughly sufficient, well-equipped
and powerful rival, for transcontinental
business, or the Denver & Rio Grande
road, a potential and later an actual
and powerful rival of the same bust
ness, affords additional and conclusive
evidence of no such combination or con-
spiracy.
"The purchase by the Union Pacific
company soon after acquiring the
Huntington stock of a majority of the
capital stock of the Northern Pacific
company tends to the opposite conclu-
sion, but in view of the main reason
for its acquisition and of the other
facts just referred to as well as the
total cessation of any relations between
that road and the Union Pacific com
pany, we are indisposed to give to that
purchase alone any considerable sig
nifcance. "
Judge Hook Condemns Merger.